Download - 1- o9.. - michigan.gov
M.P.S.C. No. 4 -Gas First Revised Sheet No. F-123.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-123.00
(Continued From Sheet No. F-122.00)
Gas Department, American Gas Association, includingthe Appendix thereto, dated
September 1985, and any subsequent amendments thereof.
D-7.2 All quantities of Gas delivered by MichCon to Shipper, or for the
account of Shipper, will be measured at the Point(s) of Delivery by MichCon or its
designee in accordance with, and shall comply with the measurement specifications
contained in the Gas Measurement Committee Report #3, Natural Gas Department,
American Gas Association, includingthe Appendixthereto, dated September 1985,
and any subsequent amendments thereof.
SECTION VIII
QUALITY
D-8.1 Unless prior approval is obtained from MichCon, all Gas and
Condensate received from Shipper under the terms of this Agreement shall conform
to the following specifications:
(a) The Gas shall be commercially free from dust, gum, gum-forming
constituents, and all other solid and liquid matters which may interfere
with its merchantability or cause injury to or interfere with proper
operation of the pipelines, regulators, meters or other appliances
through which it flows;
16
(Continued on Sheet No. F-124.00)
SERVICECOMMISSION O,_OEr_- -_'_ __
OCTI 0 2000 r,a,_ov_.o_'t_
_,_-'¢- 1- o9..-- _ .lb. *J " .....FILED --_-
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-258
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-123.00
i ii
(Continued from Sheet No. F-122.00)
Receipt to Point(s) of Delivery for itself and others, together with existing and
future extensions or loops thereof.
SECTION II
NOMINATIONS, DELIV.ERIES
D-2.1 Shipper shall complete end send the Nomination Form (Exhibit "E" to
this Agreement) to the appropriate party by the 6th work day of the preceding
month for all volumes of Gas that will be transported pursuant to this Agreement
during the following month. MichCon shall not be obligated to transport any Gas
for which the Nomination Form is either not received on a timely basis or is
received incomplete. MichCon may from time to time update or amend Exhibit "E"
as needed. If MichCon operates the Point(s) of Receipt, the appropriate party to
notify is MichCon Gas Control at telecopy number (313} 256-5890, If Consumers
Power Company operates the Point(s) of Receipt the appropriate party to notify is
Consumers Power Gas Control at telecopy number (517) 788-1857.
D-2.2 If requested by MichCon, Shipper shall provide an affidavit of truth
stating that Shipper has downstream agreements with a third party sufficient to
handle the volumes of Gas proposed to be transported pursuant to this Agreement
and stating the period of time those agreements cover. If Shipper fails to provide
such an affidavit, then MichCon shall have the sole right to reject Shippers monthly
nomination and to refuse to transport the volumes nominated.
D-2.3 To allow MichCon to efficiently operate its system, Shipper agrees
to use its best efforts to deliver Gas at uniform daily rates.
whir -02.94 12
DATE._I0--_ L-- O_ _'__J
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-259
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-t24.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-124.00
I (Continued From Sheet No. F-123.00)
(b) The Gas and Condensate shall not contain anything which might
adversely affect the safe and efficient operation of MichCon's
downstream facilities;
(c) The water content of the Gas shall not exceed 7 pounds per million
cubic feet, however, every reasonable effort shall be made to keep the
water content at Orbelow 5 pounds per million cubic feet;
(d) The Gas shall not contain oxygen. Operator shall maintain its
equipment to insure the gas is free of oxygen;
(e) The carbon dioxide content of the Gas shall not exceed 2.0 mole
percent;
(f) The Gas shall not contain more than 1/4 grain of hydrogen sulfide
per 100 cubic feet;
(g) The Gas shaltnot contain more than 1/2 grain of mercaptan sulfur
per 100 cubic feet;
(h) The Gas shall not contain more than 20 grains of total sulfur per
100 cubic feet, including the sulfur in any hydrogen sulfide,
mercaptans, sulfides and residual sulfur. However, in %heevent that
Gas at the outlet of the Kalkaska Processing Plants exceeds 5 grains of
total sulfur per 100 cubic feet, the allowable total sulfur delivered by
Shipper at the Point(s) of Receipt shall be reduced proportionally, but
not less than 5 grains total sulfur per 100 cubic feet;
17
(Continued on Sheet No. F-125.00)
M}CHIGA/_PUBLIC_ SERVICECOMMISSION CANCELLEDBY _ ..,.,
OCT 10 2000 REMOVED
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFFSHEETS-260
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-124.00
ml,|i m
(Continued from Sheet No. F-123.00)
SECTION III
DISPOSITION OF GAS
D.-3.! Because of the inability of MichCon and Shipper to maintain precise
control over the rate of flow and volumes of Gas to be received and delivered,
continuous efforts shall be exercised to maintain the receipts and deliveries in -"
balance. MichCon reserves the right to refuse deliveries at the Point(s) of Receipt
or to increase or decrease deliveries at the Point(s) of Delivery to correct
imbalances. Any action taken by MichCon to correct imbalances shall not be
considered a curtailment or interruption of service. MichCon will provide Shipper
with 24 hours advance notice before increasing, decreasing or refusing deliveries
or redeliveries pursuant to this section.
D-$.2 If upon the termination of this Agreement, Shipper has not caused to
be delivered to MichCon at the Point(s) of Receipt, quantities of Gas that are
volumetrically equal to those that Shipper has taken at the Point(s) of Delivery,
plus those quantities retained by MichCon as compensation for use and loss, the
term of this Agreement shall be extended for a period of 60 days during which
time Shil_per shall cause the deficient volumes to be delivered to MichCon at a
mutually agreeable daily rate. Should Shipper fail to correct this imbalance within
the 60 day period, Shipper shall pay MichCon, as liquidated damages, $10.00 per
Mcf plus the currently effective Gas Cost Recovery Factor (pursuant to MichCon's
Rules, Regulations and Rate Schedules on file with the Commission) for all such
deficient volumes.
whit-02.94 13(Continued on Sheet No. F-125.00)
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-261
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-125.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-125.00
(Continued From Sheet No. F-124.00)
(i) The Gas shall have a total heating value per cubic foot of not less
than 950 Britishthermal units at a base pressureof 14.65 pounds per
square inch at 60 degrees fahrenheit on a dry basis;
(j) The Condensate shall contain no more than 1% by weight basic
sediment and shall contain no free water;
(k) The Condensate shall be "sweet", containing no more than .1
weight percent sulfur;
(I) The Condensate shall have a cloud point temperature less than forty
degrees Fahrenheit (40 F);
(m) The Condensate shall have an API gravity greater than 40 degrees;
D-8.2 In the event the Gas delivered by Shipper at the Receipt Point(s) fails
at any time to meet the quality specificationsof this Article, MichCon shall notify
Shipper of such deficiency and thereupon may, at its option, refuse to accept
deliveries pending correction. Upon demonstration acceptable to MichCon that the
Gas being tendered for delivery meets the quality specifications of this Article,
MichCon shall resumetaking delivery of Gas.
D-8.3 Shipper agrees to indemnify and hold MichCon harmless for any and
all liability resulting from MichCon's movement of Gas or Condensate which fails to
meet the specifications of this Article and which have not been waived in writing,
includingcontamination or damage to other Gas and Condensate being transported.
18
(Continued on Sheet No. F-126.00)
MICHIGA_PUBLIC
OCTl O 2000REMOVEDB__
FILED _ :DAT_
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-262
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original sheet No. F-125.00
i i
(Continued from Sheet No. F-124.00)
D-3.3 MichCon shall have the right to commingle Gas delivered hereunder
with Gas owned by MichCon and/or transported by MichCon for others.
SECTION IV
.CURTAILMENT AND PRIORITy. OF SERVICE
D-4.1. In the event of insufficient capacity, resulting from Force Majeure,
MichCon may curtail transportation service. The following priority shall apply:
Local Distribution Companies having jurisdictional customers shall have first
priority, followed by Firm transportation customers, then Interruptible
transportation customers. If Shipper does not comply with curtailment as
requested by MichCon, MichCon may suspend transportation service to Shipper
under this Agreement for up to 30 days.
SECTION V
POSSESSION AND RESPONS|B|L|TY
D-5.1 As between MichCon and Shipper, Shipper shall be deemed in
exclusive control and possession of the Gas transported hereunder and responsible
for any damage or injury caused thereby until it is delivered to MichCon at the
Point(s) of Receipt and after it is redelivered by MichCon at the Pointis) of Delivery.
MichCon shall be deemed in exclusive control and possession of said Gas and
responsible for any damage or injury caused thereby after it is delivered by Shipper,
or for Shipper's account, at the Point(s) of Receipt and before it is redelivered by
MichCon at the Point(s) of Delivery,
whir-02.94 14(Continued on Sheet No. F-126.00)
i
CANCELLEDBY ,,,, 3_.-.,,_\ L -c'_ :'<' -_"_
' - "-"!11
)NSOLIDATED GAS COMPANYBC)OK 4 OF 4-CANCELLED TARIFF SHEETS-263
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-126.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-126.00
I (Continued From Sheet No. F-125.00)
SECTION IX
TAXES
D-9.1 Shipper shall pay all taxes, tariffs, and duties however designated,
levied, or charged resultingfrom this Agreement, including, without limitation, all
state and local privilege or excise taxes, and any amount in lieu of such taxes,
tariffs and duties paid or payable by MichCon, exclusive however of taxes based on
the net income of MichCon, property taxes, and MichCon's single businesstaxes.
Shipper shall reimburse MichCon for any such taxes, tariffs and duties which are
collected and remitted or paid on Shipper's behalf by MichCon because of Shipper's
failure to pay.
SECTION X
CREDIT WORTHINESS
D-10.1 MichCon shall not be required to commence service or to continue
to provide service under this Agreement if Shipper is or has become insolvent, or if
Shipper, when _equested by MichCon to demonstrate creditworthiness, fails to do
so to MichCon's satisfaction; provided, however, that Shipper may receive service
if Shipper deposits with MichCon and maintains, on prepaid account, an amount
19
(Continued on Sheet No. F-127.00)
I SERVICECOMMISSION ORDER_!"__._._!_-._..... ._-_: ---=.=_
OCT ]0 2000 RE{_,IOVEDBY_,___
- DATE _ ._.--._-[.C-- O _
;)NSOLIDATEDGAS COMPANY BOOK 4 OF 4-CANCELLED TARIFFSHEETS-264
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-126.00
i i
(Continued from Sheet No. F-125.00)
SECTION VI
DELIVERY PRESSURE
D-6.1 Shipper shall deliver volumes of Natural Gas or cause volumes of
Natural Gas to be delivered to MichCon at the Point(s) of Receipt at MichCon's
prevailing line pressure. Shipper shall receive volumes of Natural Gas, or cause
volumes of Natural Gas to be received by a third party transporter, at the Point(s)
of Delivery at MichCon's prevailing line pressure. Neither party shall be obligated
to install compression facilities.
SECTION VII
ME..A.SUREMENT AND MONITORING
D-7J All quantities of Gas received at the Point(s) of Receipt by MichCon
for the account of Shipper shall be measured at the Point(s) of Receipt by MichCon
or its designee in accordance with, and shall comply with the measurement
specifications contained in the Gas Measurement Committee Report #3, Natural
Gas Department, American Gas Association, including the Appendix thereto, dated
September 1985, and any subsequent amendments thereof.
D-7.2 All quantities of Gas delivered by MichCon to Shipper, or for the
account of Shipper; will be measured at the Point(s) of Delivery by MichCon o.r its
designee in accordance with, and shall comply with the measurement
specifications contained in the Gas Measurement Committee Report #3, Natural
Gas Department, American Gas Association, including the Appendix thereto, dated
September 1985, and any subsequent amendments thereof.
•,h_.t-02.94 15
(Continued on Sheet No. F-127.00)
DD,T£ 10- I "{- O_ === _.\\_.
;
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-265
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-127.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-127.00
I (Continued From Sheet No. F-126.00)
equal to amounts which would be due for three months service at the full MDQ, or
furnishes, within fifteen days, good and sufficient security, as reasonably
determined by MichCon, of a continuing nature and in an amount equal to such
amounts which would be due.
SECTION Xl
WARRANTY OF RIGHT TO DELIVER
D-11.1 Shipper warrants that at the time of delivery it will have the right to
deliver the Gas and that it will indemnify MichCon, defend, and save it harmless
from suits, actions, debts, accounts, damages, costs, lossesand expenses arising
from or out of adverse claims of any and all persons to said Gas or to royalties,
taxes, license fees or charges thereon.
SECTION XII
BILLINGAND PAYMENT
D-12.1 On or about the twentieth day of each calendar month, MichCon
shall render a statement to Shipper based on the charges set forth in Exhibit "C".
Shipper will pay MichCon on or before the lOth day after the statement is mailed,
the amount billed in that statement. Art such payments shall be made in the form
20
(Continued on Sheet No. F-128.00)
- CANCELLEDB_ , _,
MICHICANPUBLIC ORDER__I__,[-'_-._!____,__=_sE,v_cECOMM_SS_O, ___ _= ..
T _0 2000 . REPROVED_Y_..._.,__=_--_i
FILED
_)NSOLIDATEDGASCOMPANY'BOOK 4 OF 4-CANCELLED TARIFF SHEETS-266
M.P.S.C. No. 4 Gas
Michigan Consolidated Gas Company Original Sheet No. F-127.00
i
(Continued from Sheet No. F-126.00)
SECTION VIII
.QUALITY
I]-8.1 Unless prior approval is obtained from MichCon, all Gas and
Condensate received from Shipper under the terms of this Agreement shall
conform to the following specifications: .-
(a) The Gas shall be commercially free from dust, gum, gum-forming
constituents, and all other solid and liquid matters which may interfere
with its merchantability or cause injury to or interfere with proper
operation of the pipelines, regulators, meters or other appliances
through which it flows;
(b) The Gas and Condensate shall not contain anything which might
adversely affect the safe and efficient operation of MichCon's
downstream facilities;
(c) The water content of the Gas shall not exceed 7 pounds per million
cubic feet, however, every reasonable effort shall be made to keep the
water content at or below 5 pounds per million cubic feet;
(d[#_be.Gas shall not contain oxygen. Operator shall maintain its-_
equipment to insure the gas is free of oxygen;
(e) The carbon dioxide content of the Gas shall not exceed 2.0 mole
percent;
(f) The Gas shall not contain more than 1/4 grain of hydrogen sulfide
per 100 cubic feet;
whir-02.94 16
(Continued on Sheet No. F-128.00)
.... -- / " O
CANCELLEDBY -E> _/ U[_ 2 "
DAT£ [0 " [ ( -5o
]NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-267
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-t28.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-128.00
(Continued From Sheet No. F-127.00)
of immediately available funds directed to a bank account designated by MichCon's
Treasurer.
D-12.2 The statements rendered pursuant to this Agreement shall be
denominated in U.S. Dollars ($U.S.). All payments shall be made in SU.S.
D-12.3 Shipper shall have the right at all reasonabletimes to examine the
books, records and charts of MichCon to the extent necessary to verify the
accuracy of any statement, charge or computation made under or pursuant to any
provisions of this Agreement.
D-12.4 Should Shipper fail to pay any undisputed amount of any statement
renderedby MichCon as herein provided when such amount is due, a late payment
charge equal to 2% of the undisputed amount of the statement, net of taxes, not
compounded,shall be added to the statement.
D-12.5 Should Shipper fail to pay any undisputedamount of any statement
rendered by MichCon as herein provided when such amount is due, MichCon in its
sole discretion may, after 10 days prior written notice, terminate this Agreement, or
suspend further service to Shipper, or both.
D-12.6 If Shipper shall find at any time within twelve months after the date
of any statement rendered by MichCon that it has been overchargeddue to an error
by MichCon inthe amount billed in such statement, and if said overcharge shall
have been paid, and Shipper shall have made a claim therefor within 60 days from
the date of discovery thereof, the overcharge, if verified, shall be refunded within
21
(Continued on Sheet No. F-129.00)
_IC,_41GANPUBLIC CANOELLE0__ _ A
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-268
M.P.S.C. No. 4 Gas
Michigan Consolidated Gas Company Original Sheet No. F-128.00
| |
(Continued from Sheet No. F-127.00)
(g) The Gas shall not contain more than 1/2 grain of mercaptan sulfur
per 100 cubic feet;
(h) The Gas shall not contain more than 20 grains of total sulfur per
100 cubic feet, including the sulfur in any hydrogen sulfide,
mercaptans, sulfides and residual sulfur. However, in the event that
Gas at the outlet of the Kalkaska Processing Plants exceeds 5 grains of
total sulfur per 100 cubic feet, the allowable total sulfur delivered by
Shipper at the Point(s) of Receipt shall be reduced proportionally, but
not less than 5 grains total sulfur per 100 cubic feet;
(i) The Gas shall have a total heating value per cubic foot of not less
than 950 British thermal units at a base pressure of 14.65 pounds per
square inch at 60 degrees fahrenheit on a dry basis;
(j) The Condensate shall contain no more than 1% by weight basic
sediment and shall contain no free water;
(k) The Condensate shall be "sweet", containing no more than .1
weight percent sulfur;
(I) The Condensate shall have a cloud point temperature less than forty
degrees Fahrenheit (40 F);
{m) The Condensate shall have an API gravity greater than 40 degrees;
D-8.2 In the event the Gas delivered by Shipper at the Receipt Point(s) fails
at any time to meet the quality specifications of this Article, MichCon shall notify
Shipper of such deficiency and thereupon may, at its option, refuse to accept
whir -02.94 17(Continued on Sheet No. F-129.00)
, DATLI,C,"- I .--e __o
)NSOLIDATED GAS OOMPANY BOOK 4 OF 4-OANOELLED TARIFF SHEETS-269
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-129.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-129.00
(Continued From Sheet No. F-128.00)
30 days. If MichCon shall find at any time within twelve months after the date of
any statement rendered by it that there has been an undercharge in the amount
billed in such statement, it may submit a statement for such undercharge, and
Shipper, upon verifying the same, shall pay such amount within 30 days.
SECTION Xlll
NON-WAIVER OF FUTURE DEFAULTS
D-13.1 No waiver by either party of any one or more defaults by the other
in the performance of any provision of this Agreement shall operate or be construed
as a waiver of any future default or defaults, whether of a like or a different
character.
SECTION XlV
FORCE MAJEURE
D-14.1 Neither Shipper nor MichCon shall be liable in damages, or in any
other remedy, legal or equitable, to the other for any act, omission or
circumstances occasioned by or in consequence of any acts of God, strikes,
lockouts, acts of the public enemy, wars, sabotage, blockades, insurrections, riots,
epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts,
arrests, and restraints of rulers and peoples, civil disturbances, explosions, breakage
or accident to machinery or lines of pipe or the necessity to make repairs, tests,.or
22
(Continued on Sheet No. F-130.00)
MICHIGANPUBLIC CANCELLEDB'_ ....SERVICECOMMISSION t JDi_ I _ _ORDER
f
/ OCT10 2000 ._:r_!OVEDBY+_,,._[ E 3- r-- o2...
FILEb '_"_-.---_+_" .............. ., ++++,+...- +)
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-270
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-129.00
i m
(Continued from Sheet No. F-128.00)
deliveries pending correction. Upon demonstration acceptable to MichCon that the
Gas being tendered for delivery meets the quality specifications of this Article,
MichCon shall resume taking delivery of Gas.
D_8.$ Shipper agrees to indemnify and hold MichCon harmless for any end .-all liability resulting from MichCon's movement of Gas or Condensate which fails to
meet the specifications of this Article and which have not been waived in writing,
including contamination or damage to other Gas and Condensate being
transported.
SECTION IX
TAXES
D-9.1 Shipper shall pay all taxes, tariffs, and duties however designated,
levied, or charged resulting from this Agreement, including, without limitation, all
state and local privilege or excise taxes, and any amount in lieu of such taxes,
tariffs and duties paid or payable by MichCon, exclusive however of taxes based
on the net income of MichCon, property taxes, and MichCon's single business
taxes. Shipper shall reimburse MichCon for any such taxes, tariffs and duties
which are collected and remitted or paid on Shipper's behalf by MichCon because
of Shipper's failure to pay.
whir-e2.94 1 8
(Continued on Sheet No. F-130.00)
C/kNCELLEDBY lZ_ _ v L.J
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-cANCELLED TARIFF SHEETS-271
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-130.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-130.00
(Continued From Sheet No. F-129.00)
alterations to machinery or lines of pipe, line freezeups, the binding order of any
court or governmental authority which has been resisted in good faith by all
reasonable legal means, or any other cause, whether of the kind herein enumerated,
or otherwise, not within the control of the party claiming suspension and which by
the exercise of due diligence such party is unable to prevent or overcome. A failure
to settle or prevent any strike or other controversy with employees or with anyone
purporting or seeking to represent employees shall not be considered to be a matter
within the control of the party claiming suspension.
D-14.2 Such causes or contingenciesaffecting the performance of this
Agreement by either party, however, shall not relieve it of liability in the event of its
concurringnegligenceor in the event of its failure to use due diligence to remedy
the situation and remove the cause in an adequate manner and with all reasonable
dispatch, nor shall such causes or contingencies affecting the performance of this
Agreement relieve either party from its obligationto make payments of amounts
then due thereunder, nor shall such causes or contingencies relieve either party of
liability unlesssuch party shall give notice and full particulars of the same in writing
or by telegraph to the other party as soon as possible after the occurrence relied
On.
SECTION XV
LAWS,. ORD.ERS,RULES AND REGULATIONS
23
(Continued on Sheet No. F-131.00)
MICHIGANPUBUC CA_]CELLE_ . =_ _
I OCT10 2000 -O- O_'_ "
FILED
)NSOLIDATED GAS COMPANY BOOK , OF 4-CANCELLED TARIFF SHEETS-272
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-130.00
(Continued from Sheet No. F-129.00)
SECTION X
CREDIT_WORTHINESS
D-10,1. MichCon shall not be required to commence service or to continue
to provide service under this Agreement if Shipper is or has become insolvent, or if
Shipper, when requested by MichCon to demonstrate creditworthiness, fails to do
so to MichCon's satisfaction; provided, however, that Shipper may receive service "
if Shipper deposits with MichCon and maintains, on prepaid account, an amount
equal to amounts which would be due for three months service at the full MDQ, or
furnishes, within fifteen days, good and sufficient security, as reasonably
determined by MichCon, of a continuing nature and in an amount equal to such
amounts which would be due.
SECTION XI
WARRANTY OF RIGHT TO .D.ELIVER
D-11.1 Shipper warrants that at the time of delivery it will have the right to
deliver the Gas and that it will indemnify MichCon, defend, and save it harmless
from suits, actions, debts, accounts, damages, costs, losses and expenses arising
from or out of adverse claims of any and all persons to said Gas or to royalties,
taxes, license fees or charges thereon.
whit-02.94 19(Continued on Sheet No. F-131.00)
I
....
DATE__L9"__L_!_-_P-?--___
]NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-273
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-131.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-131.00
(Continued From Sheet No. F-130.00)
D-15.1 The performance by the parties of their obligationsset forth in this
Agreement shall be subject to all valid and applicablelaws, orders, rules and
regulations of any duly constituted authority havingjurisdiction. If required,
MichCon may seek authorization from the Commissionor other appropriate body
for such change to any rate(s) and terms set forth in this Agreement or in any
applicable rate schedule, as may be found necessary to assure MichCon just and
reasonable rates. Either party shall have the right to contest the validity of any
such change, and the acquiescence or compliance therewith for any period of time
shall not be construed as a waiver of such right.
D-15.2 In the event of a material change in the underlying rules, orders or
regulations pursuant to which MichCon provides service in accordance with this
Agreement, MichCon may upon 30 days prior written notice to Shipper unilaterally
and without liability suspend, discontinue and/or terminate service under this
Agreement.
D-15.3 The transportation of Gas by MichCon under this Agreement, when
in interstate commerce, is subject to the provisions of Subpart C, Part 284 of the
regulations of the Federal Energy Regulatory Commission.
D-15.4 This Agreement is governed by the laws of the State of Michigan.
It is agreed that any and all litigation related to this Agreement shall be brought in
either a state or federal court located within the State of Michigan, and each party,
24
(Continued on Sheet No. F-132.00)
MICHIGANPUBLIC
,E.v,cEc0...,,,0. B I f
I ORDER - - -
OCTI0 2000 RE_IOVEDBY.--._
.... )- o
_)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-274
M.P.S.C. _qo. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-131.00
mii •
(Continued from Sheet No. F-130.00)
SECTION Xll
BILLING AND PAYMENT
D-12.1 On or about the twentieth day of each calendar month, MichCon
shall render a statement to Shipper based on the charges set forth in Exhibit "C".
Shipper will pay MichCon on or before the 10th day after the statement is mailed,
the amount billed in that statement. All such payments shall be made in the form
of immediately available funds directed to a bank account designated by MichCon's
Treasurer.
D-12.2 The statements rendered pursuant to this Agreement shall be
denominated in U.S. Dollars ($U.S.). All payments shall be made in SU.S.
D-12.3 Shipper shall have the right at all reasonable times to examine the
books, records and charts of MichCon to the extent necessary to verify the
accuracy of any statement, charge or computation made under or pursuant to any
provisions of this Agreement.
D-12.4 Should Shipper fail to pay. any undisputed amount of any statement
rendered by MichCon as herein provided when such amount is due, a _ate payment
charge equal to 2% of the undisPUted amount of the statement, net of taxes, not
compounded, shall be added to the statement.
D-12,5 Should Shipper fail to pay any undisputed amount of any statement
rendered by MichCon as herein provided when such amount is due, MichCon in its
sole discretion may, after 10 days prior written notice, terminate this Agreement,
or suspend further service to Shipper, orboth.
"h
whir -02.94 20
(Continued on Sheet No. F-132.00)
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-275
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-132.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-132.00
(Continued From Sheet No. F-131.00)
for purposesof any such litigation, submits to the exclusive jurisdiction and venue
of that court.
SECTION XVI
MISCELLANEOUS PROVISIONS
D-16.1 Assiqnment: Shipper shall not broker, assign, convey or transfer its
interests underthis Agreement without the prior written consent of MichCon.
Either Shipper or MichCon may, however, without relieving itself of its obligations
underthis Agreement, assign any of its rights and obligations hereunder to a
corporationwith which it is affiliated at the time of such assignment, providedthat
such assignment does not materially change the duty of the other party, or increase
materially the burden of risk imposedon the other party under this Agreement, or
impair materially the other party's chance of obtaining return performance.
D-16.2 Headings: The headings used throughout this Agreement are
inserted for convenience of reference only and are not to be consideredor taken
into account in construing the terms or provisionshereof nor are they to be deemed
in any way to qualify, modify or explain the effect of any such provisionsor terms.
D-16.3 Gender, Number and Internal References: Unless the context
otherwise requires, words importing the singular include the plural and vice versa,
and words importing gender include all genders. The words "herein", "hereunder"
25
(Continued on Sheet No. F-133.00)
-__
MICHIGANPUBLIC CAll,CELLED_ _._SERVICECO_,_M{SSlON OffDE_._B_ i _
OCT10 2OO0
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-276
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-132.00
(Continued from Sheet No. F-131.00)
D-12.6 If Shipper shall find at any time within twelve months after the date
of any statement rendered by MichCon that it has been overcharged due to an
error by MichCon in the amount billed in such statement, and if said overcharge
shall have been paid, and Shipper shall have made a claim therefor within 60 days
from the date of discovery thereof, the overcharge, if verified, shall be refunded
within 30 days. If MichCon shall find at any time within twelve months after the
date of any statement rendered by it that there has been an undercharge in the
amount billed in such statement, it may submit a statement for such undercharge,
and Shipper, upon verifying the same, shall pay such amount within 30 days.
SECTION XlII
NON-WAIVER OF FUTURE DEFAULTS
D-13.1 No waiver by either party of any one or more defaults by the other
in the performance of any provision of this Agreement shall operate or be
construed as a waiver of any future default or defaults, whether of a like or a
different character.
SECTION XIV
FORCE MAJEURE
D-14.1 Neither Shipper nor MichCon shall be liable in damages, or in any
other remedy, legal or equitable, to the other for any act, omission or
circumstances occasioned by or in consequence of any acts of God, strikes,
whir -02.94 21
(Continued on Sheet No. F-133.00)
ii
REMOVED8Y ..... tou,DATE _ ['C:)"" [1 ,-:.b) l_.\T__\ /r_//
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-277
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-133.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-133.00
(Continued From Sheet No. F-132.00)
and words of similar import refer to the entirety of this Agreement and not only to
the section in which such use occurs.
D-16.4 Successorsand Assigns: This Agreement shall be binding upon and
shall enure to the benefit of the parties hereto and their respective successors and
permitted assigns.
D-16.5 Counterparts: This Agreement may be executed in counterparts,
each of which when so executed shall be deemed to be an originallyexecuted
copy, and it shall not be necessaryto produce all counterparts in order to prove this
Agreement.
D-16.6 Reorganization: Any company which shall succeed by purchase,
merger, or consolidationto the properties, substantially as an entirety, of Shipper or
of MichCon, as the case may be, shall be entitled to the rights and shall be subject
to the obligationsof its predecessor in title under this Agreement.
D-16.7 Entirety: This Agreement constitutes the entire agreement between
MichCon and Shipper concerning the subject matter hereof. Any prior
understandings, representations, promises, undertakings, agreements or
inducements, whether written or oral, concerning the subject matter hereof not
contained herein shall have no force and effect. This Agreement may be modified
or amended only by a writing duly executed by both parties.
* * * END OF EXHIBIT "D" * * *
26
MICHIGANPUBUC ,.._ _,
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-278
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original sheet No. F-133.00
(Continued from Sheet No. F-132.00)
lockouts, acts of the public enemy, wars, sabotage, blockades, insurrections, riots,
epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts,
arrests, and restraints of rulers and peoples, civil disturbances, explosions.
breakage or accident to machinery or lines of pipe or the necessity to make repairs,
tests, or alterations to machinery or lines of pipe, line freezeups, the binding order
of any court or governmental authority which has been resisted in good faith by all
reasonable legal means, or any other cause, whether of the kind herein
enumerated, or otherwise, not within the control of the party claiming suspension
and which by the exercise of due diligence such party is unable to prevent or
overcome. A failure to settle or prevent any strike or other controversy with
employees or with anyone purporting or seeking to represent employees shall not
be considered to be a matter within the control of the party claiming suspension.
D°14.2 Such causes or contingencies affecting the performance of this
Agreement by either party, however, shall not relieve it of liability in the event of
its concurring negligence or in the event of its failure to use due diligence to
remedy the situation and remove the cause in an adequate manner and with all
reasonal_le dispatch, nor shall such causes or contingencies affecting the
performance of this Agreement relieve either party from its obligation to make
payments of amounts then due thereunder, nor shall such causes or contingencies
relieve either party of liability unless such party shall give notice and full particulars
of the same in writing or by telegraph to the other party as soon as possible after
the occurrence relied on.
whir -02.94 22(Continued on Sheet No. F-134.00)
!{DATE '_- 'I"'0_ I _'\_
)NSOLIDATED GAS C6M PANY BOOK 4 0F4-CANCELLED TARIFF SHEETS-279
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-134.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-134.00
TRANSPORTATION AGREEMENT
THIS AGREEMENT is entered into as of this da3_f\
by and between MICHIGAN CONSOLIDATED GAS COMPANY CMichCon"), having its
principal offices at 500 Griswold, Detroit, Michigan 48226 and
("Shipper") having an office at
RECITALS
: WHEREAS Shipper has requested MichCon to transport gas on Shipper's behalf; and
WHEREAS MichCon is willing to provide the requested transportation service subject to
the terms and conditions of this Agreement;
THEREFORE, Shipper and MichCon agree as follows:
1. GAS TRANSPORTATION SERVICE
I. 1 Shipper shall deliver or cause to be delivered to MichCon natural gas for
transportation, and MichCon shall receive, transport and redeliver, Equivalent Quantities of
natural gas to Shipper, or for the account of Shipper, up to an aggregate maximum daily quantity
of Mcf ("Aggregate MDQ"). This transportation service is a Service.
The transportation service provided under this Agreement is subject to, and provided pursuant to,
MichCon's applicable off-system transportation rate schedules on file with the Commission and
as may be revised from time to time.
1.2 The points on MichCon's transportation system where Shipper may deliver gas to
MichCon for transportation are set forth on Exhibit A (the "Receipt Point(s)"). Also set forth on
Exhibit A for each Receipt Point is the maximum quantity of gas that may be delivered to that
point by Shipper on any given day (the "Receipt Point MDQ"). Shipper and MichCon may agree
from time to time to revise one or more Receipt Point MDQ's and the Aggregate MDQ.
(Continued on Sheet No. F-135.00)
MICHIGANPUBLICSERVICECON'LMISSION CA_,CELLEDE,_{,,_ . _.,-
10 RF.....EO=_If .:'_'_--==.,
- I-°7""
)NSOLIDATED GAS COMPANY BOOK 4 oF 4-CANCELLED TARIFF SHEETS-280
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-134.00
(Continued from Sheet No. F-133.00)
SECTION XV
.LAWS, ORDERS, RULES AND REGULATIONS
D-15.1 The performance by the parties of their obligations set forth in this
Agreement shall be subject to all valid and applicable laws, orders, rules and
regulations of any duly constituted authority having jurisdiction. If required,
MichCon may seek authorization from the Commission or other appropriate body
for such change to any rate(s} and terms set forth in this Agreement or in any
applicable rate schedule, as may be found necessary to assure MichCon just and
reasonable rates. Either party shall have the right to contest the validity of any
such change, and the acquiescence or compliance therewith for any period of time
shall not be construed as a waiver of such right.
D-15.2 In the event of a material change in the underlying rules, orders or
regulations pursuant to which MichCon provides service in accordance with this
Agreement, MichCon may upon 30 days prior written notice to Shipper unilaterally
and without liability suspend, discontinue and/or terminate service under this
Agreement.
D-15.$ The transportation of Gas by MichCon under this Agreement, when
in interstate commerce, is subject to the provisions of Subpart C, Part 284 of the
regulations of the Federal Energy Regulatory Commission.
D-15.4 This Agreement is governed by the laws of the State of Michigan.
It is agreed that any and all litigation related to this Agreement shall be brought in
either a state or federal court located within the State of Michigan, and each party,
whir-02.94 23
(Continued on Sheet No. F-135.00)
i
' f ATE....Io- l1 - o b
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-281
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-t35.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-135.00
(Continued From Sheet No. F-134.00)
1.3 The points on MichCon's Transportation System where Shipper may request that
MichCon redeliver gas to Shipper are set forth on Exhibit B (the "Delivery Point(s)"). Also set
forth on Exhibit B for each Delivery Point is the maximum quantity of gas that Shipper is
entitled to have redelivered to that point by MichCon on any given day (the "Delivery Point
MDQ") subject to capacity available at the Delivery Point at the time nominations are made
under Section D-2.1 of Exhibit D. Shipper and MichCon may agree from time to time to revise
one or more Delivery Point MDQ's and correspondingly, the Aggregate MDQ.
1.4 Nominations with respect to gas to be transported under this Agreement shall be
made as provided in Section D-2.1 of Exhibit D.
1.5 Certain Delivery Points may require MichCon to arrange for transportation on a
third party pipeline. Shipper shall reimburse MichCon for all third-party charges incurredin
transporting Shipper's gas.
1.6 It is not the intentibn of MichCon to act as either an importer or an exporter of
natural gas under the terms of this Agreement. All deliveries of natural gas at the international
border will be deemed to have been made one foot on the U.S. side of the international border.
As between MichCon and Shii_per, Shipper is responsible for obtaining any and all permits
required by the United States and Canada to move natural gas in either direction across the
international border.
2. TERM
2.1 The term of this Agreement is a period of months commencing on
and ending on . Thereafter, this Agreement will continue
in effect from Month to Month unless terminated by either party giving 30 days written notice tothe other.
(Continued on Sheet No. F-136.00)
SERVICECOMNISSION ORDE.__-_ .... :_-_I
........... I
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-282
M.P.S.C. No. 4 Gas
Michigan Consolidated Gas Company Original Sheet No. F-135.00
(Continued from Sheet No. F-134.00)
for purposes of any such litigation, submits to the exclusive jurisdiction and venue
of that court.
SECTION XVl
MISCELLANEOUS PRO.VISIONS
D-16.1 Assiunment: Shipper shall not broker, assign, convey or transfer
its interests under this Agreement without the prior written consent of MichCon.
Either Shipper or MichCon may, however, without relieving itself of its obligations
under this Agreement, assign any of its rights and obligations hereunder to a
corporation with which it is affiliated at the time of such assignment, provided that
such assignment does not materially change the duty of the other party, or
increase materially the burden of risk imposed on the other party under this
Agreement, or impair materially the other party's chance of obtaining return
performance.
D-16.2 Headinq$: The headings used throughout this Agreement are
inserted for convenience of reference only and are not to be considered or taken
into acceunt in construing the terms or provisions hereof nor are they to be
deemed in any wa_r to qualify, modify or explain the effect of any such provisions
or terms.
D-16.3 Gende.r., Number and Internal Refe..rences: Unless the context
otherwise requires, words importing the singular include the plural and vice versa,
and words importing gender include all genders. The words "herein", "hereunder"
whit-02.94 24
(Continued on Sheet No. F-136.00)
i i
I 00RDERL_ L %b-O.... _>
9ATE[0-- I (" 0-0 0 .
L)NSOLIDATED GAg (COMPANY BOOK 4 OF 4-CANCEL.LED TARIFF SHEETS-283
TO BE COMPLETED BY OWNER OF PREMISESSIGNATURE
ESS OF OWNER I 1TELEpHONEi' NUMBER =-"i
SOCIAL SECURITY NUMBER IDRIVER'S LICENSE or STATE I.D. NUMBER DATE
STREET ADDRESS OF PREMISE CITY, VILLAGE or TOWNSHIP APT. NO. FLOOR NO.
It;Ai_iOELLEDBY _ -,,0e,D_RUt_,to7>_>
_ .%MOVEDBY_ _---'-
_-_ I o_ 1 t_°_ ,,.
)NSOLIDATED GAs COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-284
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-136.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-136.00
(Continued From Sheet No. F-135.00)
3. TRANSPORTATION CHARGE
3.1 Shippershall pay MichCon a monthly administrative charge of $300.00.
3.2 For the transportation service provided under this Agreement, Shipper shall pay
MichCon (a) a monthly reservation charge equal to the Aggregate MDQ, multiplied by a
transportation charge as set by MichCon and identified in Exhibit C; (b) a utilization charge
equal to the quantities of natural gas transported for or on behalf of Shipper and delivered to the
Delivery Points during the Month, multiplied by a transportation commodity charge as set by
MichCon and identified in Exhibit C; and (c) if applicable, any third party charges for
intdrmediate transportation arranged by MiehCon on Shipper's behalf.
3.3 Shipper may deliver gas in excess of the Aggregate MDQ ("Authorized Overrun
Gas") to MichCon for transportation if Shipper requests permission to transport gas in excess of
Shipper's MDQ on ConQuest TM or by other mutually agreeable electronic means, at least 24
hours prior to the nomination deadline set forth in Exhibit D, Section D-2.1, and has not received
notification of MichCon's denial of the request by the nomination deadline. Such authorization
shall be good for only one Day at a time ("Authorized Overrun Service"). For the Authorized
Overrun Service, Shipper shall pay MichCon a charge equal to the Authorized Overrun Gas
multiplied by a transportation charge ("Authorized Overrun Rate") as set by MichCon and
identified in Exhibit C. The Authorized Overrun Rate will not exceed the TOS transportation
charges authorized by MichCon's Tariff.
3.4 Section 3.3 above does not supersede provisions ofMichCon's offsystem
transportation rate schedule regarding unauthorized and usage charges following the termination
of this Agreement.
3.5 All charges set forth in this Article 3, except the Monthly administrative charge
and the Monthly reservation charges will be applied to volumes delivered by MichCon at the
Delivery Points and measured in accordance with the terms of Exhibit D of this Agreement.
(Continued on Sheet No. F-137.00)
h,IICHIGA/N-PUBLIC
D, TE%- I- o 2..
)NSOLIDATEDGAS cOMPANY BOOK 4 OF 4-CANCELLEDTARIFFSHEETS-285
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-137.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-137.00
(Continued From Sheet No. F-136.00)
4. NOTICE
4. I Any notice, request, demand, statement or payment provided for in this
Agreement shall be sent to the parties at the following addresses:
Shipper:
Attn:
MichCon:
Payments: As directed on the invoice
All other: Michigan Consolidated Gas Company500 Griswold Street, 26th FloorDetroit, Michigan 48226Attn: Senior Vice President, Gas Operations
4.2 Either party may change its address under this Agreement by notice to the other
party. Unless otherwise provided, all notices given by one party to the other shall be sent by
registered mail, overnight mail, or by telecopy and shall be effective upon receipt. However,
routine communications, including monthly invoices, shall be considered as duly delivered when
mailed by either registered, ovemight or ordinary mail.
5. CONTRACT DOCUMENTS
5.1 This Agreement includes the following exhibits which are made a part of the
Agreement:
EXHIBIT A - Receipt PointsEXHIBIT B - Delivery PointsEXHIBIT C - Transportation ChargeEXHIBIT D - Operational Terms and Conditions
4
(Continued on Sheet No. F-138.00)
MICHIGANPUBLICSERVICECOMMiSSiON OAr_OELLEO13_, .=.==.
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-286
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-137.00
#
TRANSPORTATION. AGREEMENT
THIS AGREEMENT entered into as of this ist day of , 199 , by
and between ("shipper"), having an office at
, and MICHIGAN CONSOLIDATED GAS COMP_ ("MichCon"),
having its principal offices at 500 Griswold, Detroit, Michigan 48226;
RECIT.KLS
A. Shipper, has requested MichCon to transport gas on Shipper's behalf; and
B. MichCon is willing to provide the requested transportation subject to the
terms and conditions contained in this Agreement;
NOW, THEREFORE, in consideration of the mutual promises, agreements
and undertakings hereinafter set forth, Shipper and MichCon agree as follows:
ARTICLE I
GAS TRANSPORTATION SERVICE
1.__!1 Shipper shall deliver or cause to be delivered to MiohCon,
natural gas for transportation, and MichCon shall receive, transport and
redeliver Equivalent Quantities of natural gas to Shipper or for the account
of Shipper up to a Maximum Daily Quantity (MDQ) of Mof. This
transportation service shall be on a Basis. Exhibit "C" attached to this
Agreement and made part of it, sets forth on a more detailed basis the routing
of transportation provided pursuant to this Agreement, by designation of the
Point(s) of Receipt and Point(s) of Delivery, and specifies the portion of the
MDQ which is agreed upon relative to each such Receipt and Delivery Point(s).
1.__2 MichCon at its sole option, may, if tendered by Shipper,
transport daily quantities in excess of the MDQ.
1.3 It is not the intention of MichCon to act as either an importer
o_ an exporter of natural gas under the terms of this Agreement. All
(Continued on Sheet No. F-138.00)
INSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-287
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-138.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-138.00
(Continued From Sheet No. F-137.00)
This Agreement constitutes the entire agreement between MichCon and Shipper concerning the
subject matter hereof. Any prior understandings, representations, promises, undertakings.
agreements or inducements, whether written or oral, concerning the subject matter hereof not
contained herein shall have no force and effect. Except as provided in Exhibit D, § D-16.6, this
Agreement may be modified or amended only in writing and duly executed by both parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the day and year fu-stabove written.
• MICHIGAN CONSOLIDATED GAS COMPANY
By:
Title:
Shipper
By:
Title:
F:\DATA_FORMS\GASWRANSPRT.DOC06104198
(Continued on Sheet No. F-139.00)
CANCELLEDu|_,_BY,I _
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-288
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-138.00
! i ., m
(Continued from Sheet No. F-137.00)
deliveries _f natural gas at the International Border will be deemed to have
been made one foot on the U.S. side of the International Border. Shipper is
responsible for obtaining any and all permits required by the United States
and Canada to move natural gas in either direction across the International
Border.
ARTICLE II
POINTIS) OF RECEIPT
Shipper shall deliver or cause to be delivered natural gas at
the Point(s} of Receipt set forth in Exhibit "A", which is attached to this
Agreement and made part of it.
ARTICLE III
POINT(S) O_DELIVERY
3.1 MichCon shall redeliver to Shipper, or for the account of
Shipper, Equivalent Quantities of natural gas at the Point(s) of Delivery set
forth on Exhibit "B", which is attached to this Agreement and made part of it.
ARTICLE IV
TERM
4.1 The initial term of this Agreement shall be a period of
year(s) commencing on the date of this Agreement. Thereafter, the term of
this Agreement shall be automatically extended for successive periods of one
month, unless and until terminated pursuant to Section 4.2.
4.2 This Agreement may be terminated by either party at the end of
the initial term or thereafter by either party giving 30 days prier writteh
notice to the other party.
11/93 2(Continued on Sheet No. F-139.00)
)NSOLIDATED GAS COMPANY BOOK 4 OF 4'CANCELLED TARIFF SHEETS-289
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-139.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-139.00
(Continued From Sheet No. F-138.00)
EXHIBIT "A"
Receipt Point
Facility Name Meter Name Receipt Point MDQ
Effective Date:
_,',: End of Exhibit A tit
(Continued on Sheet No. F-140.00)
MICHIGANPUBLIC CA_CELLEOb_'_ .,_._._
OCT10 2000 ,,_.,_,u_,_:o
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-290
M.P.S.C. NO. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-139.00
m.
(Continued from Sheet No. F-138.00)
ARTICLE V
TRANSPORTATION CHARGE
Shipper shall pay MichCcn the charges specified in Exhibit "C"
for all transportation hereunder.
ARTICLE VI
GENERAL TERMS & CONDITIONS
6.1 This Agreement is subject to the General Terms and Conditions,
which are attached hereto as Exhibit "D" and made part hereof.
ARTICLE VII
NOTICE
7.1 Any notice, request, demand, statement or payment provided for
in this Agreement shall be sent to the parties at the following addresses:
Shipper:
Telephone: ( ) -Telecopy: ( ) -
MichCon:
Payments: As directed on the invoice
Nominations: Manager, Transportation & Exchange
All Other: Manager, Gas Supply Services
Michigan Consolidated Gas Company500 Griswold Street, 26th Floor
Detroit, Michigan 48226
Telephone: (313) 256-5278Telecopy: (313) 256-6416
7.2 Either party may change its address under this Agreement by
notice to the other party. Unless otherwise provided, all notices given by
one party to the other shall be sent by registered mail, overnight mail or by
telecopy and shall be effective upon receipt. However, routine
communications, including monthly invoices, shall be considered as duly
delivered when mailed by either registered, overnight or ordinary mail.
11/93 3(Continued on Sheet No. F-140,00)
OANOELLEDBY. - 0
ORDER ,(--{_'_._ _ ..... JUN 2 4 19
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-291
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-140.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-140.00
(Continued From Sheet No. F-139.00)
EXHIBIT "B"
Delivery Point
FacilityName MeterName Delivery PointMDQ
EffectiveDate:
ell EndofExhibitB lit
(Continued on Sheet no. F-141.00)
..._ SERVICEC0,_4MISSl0N CA_'_CELLEDi_/, ;. ,
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-292
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original sheet No. F_I40.00
(Continued from Sheet No. F-139.00)
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed in counterparts, each of which is an original and all of which are
identical, as of the day and year first above written.
MICHIGAN CONSOLIDATED ORS COMPANY
By:
Title: .Senior Vice President
By:
Title:
11/93 4
(Continued on Sheet No. F-141.00)
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-293
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-141.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-141.00
(Continued From Sheet No. F-140.00)
EXHIBIT "C"
Transvort_ationChar2e
Effective Date_."
• I J _ End of Exhibit C r4'=
F:_DATA_FORMS\GA_TRA.N SPRT.DOC
(Continued on Sheet No. F-142.00)
3NSOLIDATEDGAS-COMPANY BooK 4 OF 4-CANCELLED TARIFF SHEETS-294
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-141.00
(Continued from Sheet No. F-140.00)
EXHIBIT "A"
11/93 5 (Continued on Sheet No. F-142.00)
CANCELLEDBY "7 ___'":_\\
"<o_o__ ____ //2/ _\%_\
DATE.
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-295
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-142.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-142.00
(Continued From Sheet No. F-141.00)
EXBIBIT "D"
General Terms and Conditions
SECTION I
DEFINITIONS
D-I.1 The term "Btu" means one British Thermal Unit, being the amount of heat energyJ
required to raise the temperature of one pound &water one degree Fahrenheit at 60 degrees
Fahrenheit. Btu is measured on a dry basis.
D-1.2 The term "CubicFeet of gas" means the quantity of gas which occupies one cubic
foot at a temperature of 60 degrees Fahrenheit and a pressure of 14.65 pounds per square inch
absolute.
D-1.3 The term "Day" means a period of twenty-four (24) consecutive hours
commencing at 12:00 P.M. (noon) EST on one calendar day and ending at 12:00 (noon) P.M.
EST the following calendar day.
D-1.4 The term "Dekatherm" of"Dth" means the quantity of heat energy equivalent to
1,000,000 Btu.
D-1.5 The term "Equivalent Quantities" means the quantity of gas received from
Shipper, or for the account of Shipper, at the Receipt Point(s), less .9% withheld by MichCon for
loss and use, unless otherwise specified in Exhibit C.
'D
D-1.6 The term "Firm Service" means service which obligates MichCon to transport the
quantities set forth in Exibits A and B, except for reasons of Force Majeure or curtailment as
specified in MichCon's Tariff.
Exhibit D
Page 1of 12
(Continued on Sheet No. F-143.00)
SERVICECO,_MISSIDN
OCT10 2000- = 0 2...
_._ _1j_/_ "" __
FILED Q .................=- _
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARiFF SHEETS-296
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-142.00
(Continued from Sheet No. F-141.00)
EXHIBIT "B"
11/93 6
(Continued on Sheet No. F-143.00)
' oaDER_ o _ _ //
v"o".
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-297
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-143.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-143.00
(Continued From Sheet No. F-142.00)
D-1.7 The term "Interruptible Service" means service to transport the quantities set forth
in Exibits A and B, if in MiehCon's solejudgmenL it has the capacity on a daily basis to provide
such service.
D-l.g The term "..Mcf"means 1000 Cubic Feet of gas.
D-1.9 The term "Month" means the period beginning at 12:00 P.M. (noon) EST, on the
first day of a calendar month and ending at 12:00 P.M. (noon) EST on the first day of the
following calendar month.
D-I.10 The term "MPSC" or "Commission" means the Michigan Public Service
Commission or any successor regulatory authority having jurisdiction.
D-I.11 The term ',Pipeline Quality Gas" means non-odorized gas which meets all of the
quality specifications, standards and tests as outlined in the FERC Natural Gas TariffofANR
Pipeline Company.
te " " " ....D-1.12 The rm Servtce Day means the Day during which Shipper receives
transportation service pursuant to a nomination in accordance with Section II of this Exhibit D.
D-1.13 The term "Service Month" means the Month during which Shipper receives
transportation service pursuant to a nomination in accordance with Section II of this Exhibit D.
D-1.14 The term "Tariff" means the Rules, Regulations and Rate Schedules on file with
the MPSC as amended from time to time.
'l
Exhibit DPage2 of 12
(Continued on Sheet No. F-144.00)
MICHIGANPUBLIC l_.-;,_.,_gt..ti:_o_ A
OCT10 2000- 7_1 - 0 2..
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-298
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-143.00
(Continued from Sheet No. F-142.00)
EXHIBIT "C"
11/93 7
(Continued on Sheet No. F-144.00)
_.__\ /_/I
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-R99
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-144.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-144.00
(Continued From Sheet No. F-143.00)
SECTION :1I
NOMINATIONS, DELIVERIES
D-2.I Shipper shall notify MiehCon by means of using MichCon's Electronic Bulletin
Board ("EBB") of the quantity of gas that Shipper shall cause to be delivered to MichCon for
transportation prior to 2:00 P.M. EST on the Day prior to the Service Day. Such daily volumes
may not exceed the applicable Receipt Point or Delivery Point MDQ's as set forth in Exhibits A
and B respectively, unless Shipper has received Authorized Overrun Service..
: D-2.2 Because of the inability of Shipper and MichCon to maintain precise control over
the rates of flow and volumes of gas to be delivered and redelivered hereunder, continuous
efforts shall be exercised to mahatain the deliveries and redeliveries within a plus or minus
variation of 2% of the scheduled delivery and redelivery volumes. However, all gas delivered or
redelivered hereunder on each Day shall be delivered at rates as constant as practicable
throughout such Day.
SECTION III
DISPOSITION OF GAS
D-3.1 Because of the inability of MichCon and Shipper to maintain precise control over
the rate of flow and volumes of gas to be received and delivered, continuous efforts shall be
exercised to maintain the receipts and deliveries in balance. MichCon reserves the right to refuse
deliveries at a Receipt Point or to increase or decrease deliveries at a Delivery Point to correct the
imbalances. Any action taken by MichCon to correct imbalances shall not be considered a
curtailment or interruption of service. MichCon will provide Shipper with 24 hours advance411
notice before increasing, decreasing or refusing deliveries or redeliveries pursuant to this section.
Exhibit DPage 3 of 12
(Continued on Sheet No. F-145.00)
MICHIGANPUBLIC
SERVICECOMMISSION CANCELLEDE=_.AI-__
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-300
M.P.S.C. No. 4 Gas
Michigan Consolidated Gas Company Original Sheet No. F-144.00
(Continued from Sheet No. F-143.00)
EXHIBIT "D"
GENERAL TERMS AND CONDITIONS
SECTION I
DEFINITIONS
D-I.I The term ,,Day'" shall mean a period of twenty-four (24)
consecutive hours commencing at noon, local time, or such other time as may be
mutually agreed upon.
DTI.2 The term "Month" means the period beginning at noon, local
time, on the first day of a calendar month and ending at noon local time on
the first day of the following calendar month.
D-I.3 The term "Equivalent Quantities" shall mean a delivered
volume of gas containing an amount of volumes equal to the amount of gas
received by MichCon for the account of Shipper less .9% retained by MichCon
for use and loss.
D-I.4 The term "Maximum Daily Quantity" or "MDO" shall mean the
greatest number of Mcf's that MichCon is obligated to receive and/or deliver
to or on behalf of Shipper on any day.
D-I.5 The term "Commission" shall mean the Michigan Public Service
Commission or any successor regulatory authority having jurisdiction.
D-I.6 The term "Mc.f" means one thousand cubic feet of gas at a base
temperature of 60 ° Fahrenheit and a base pressure of 14.65 psia.
D-I.7 The term "MMcf" means 1,000 Mcf's.
D-I.8 ".Pipeline Quality Gas" means non-odorized gas which meets all
of the quality specifications, standards and tests as outlined in the FERC
Natural Gas Tariff of ANR Pipeline Company.
D-I.9 The term "Firm Basis" means that MichCon agrees to transport
up to the MDQ each day during the term of the Agreement from the Point(s) of
Receipt to the Point(s) of Delivery, except for reasons of Force Majeure.
D-I.10 The term "Interruptible Basis" means that this service may
be wholly or partly interrupted, when in MichCon's sole judgement,
interruption is necessary due, to operating= conditions, unavailability of
11/93 8
(Continued on Sheet No. F-145.00)
i
cc0.oORDER_____(b _ __
REMOVEDB I/c_- " t_:/%.._'.,-----__ c7,/
DATE - l --
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-g01
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-145.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-145.00
(Continued From Sheet No. F-144.00)
D-3.2 If upon the termination of this Agreement, Shipper has not caused to be delivered
to MichCon at all Receipt Points, quantifies of gas that are volumetrically equal to those that
Shipper has taken at all Delivery Points, plus those quantifies retained by MiehCon as
compensation for use and loss, the term of this Agreement shall be extended for a period of up to
60 days during which time Shipper shall cause the deficient volumes to be delivered to MichCon
at a mutually agreeable daily rate. Should Shipper fail to correct this imbalance within the 60
day period, Shipper shall pay MiehCon, as liquidated damages, $10.00 per Mefplus the currently
effective Gas Charge (pursuant to MichCon's Rules, Regulations and Rate Schedules on file with
the Commission) for all such deficient volumes.
D-3.3 MichCon shall have the right to commingle gas delivered hereunder with gas
owned by MiehCon and/or transported by MichCon for others.
SECTION IV
PRIORITY OF SERVICE
D-4.1 Firm transportation service will have priority over interruptible transportation
service. In the event of insufficient capacity, capacity will be curtailed pursuant to applicable
tariff provisions, rules and regulations.
SECTION V
POSSESSION AND RESPONSIBILITY
D-5. I As between MichCon and Shipper, Shipper shall be deemed in exclusive control
and possession of the gas transported hereunder and responsible for any damage or injury caused
thereby until it is d_livered to MichCon at the Receipt Points and after it is delivered by
MichCon at the Delivery Points. MiehCon shall be deemed in exclusive control and possession
of said gas and responsible for any damage or injury caused thereby after it is delivered by
Exhibit DPage 4 of 12
(Continued on Sheet No. F-t46.00)
MICHIGANPUBLIC CN_eELLEO_ , _,_',:'_',
I SERVICECOMMISSION op.[_E_.r_,-I-,-P'_"
- j
OCT10 2000 __,._ _¥_.._._-'_---___,
- - I - o'z,...FILED.......
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-302
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-145.00 II
| i
(Continued from Sheet No. F-144.00)
sufficient capacity on MichCon's sysuem, or to the needs of MichCon's sales
customers.
SECTION II
NOMIN. ATIONS, DELIVERIES
D-2.1 Shipper shall notify MichCon's Transportation & Exchange
Department at (313) 256-5955, not less than six working days prior to the
first day of each month, of the quantity of gas, up to the MDQ, that Shipper
shall cause to be delivered to MichCon for transportation during each day of
the next month and the Point(s) of Receipt at which At will be delivered, and
the Point(s) of Delivery at which it will be redelivered. On 24 hours advance
notice to MichCon, Shipper may reschedule, with MichCon's approval, the daily
volumes of gas to be delivered.
D-2._____2Prior to the commencement of service, if requested by
MiohCon, Shipper shall demonstrate to MichCon'e e_tisf_ction that it has
downstream transportation agreements, and/or other necessary agreements with a
third party sufficient to handle the volumes of gas proposed to be transported
on the MichCon pipeline system.
D-2.3 To allow MichCon to efficiently operate its system, Shipper
agrees to use its best efforts to deliver gas at uniform daily rates.
SECTION III
DISPOSITION OF GAS
D-3.1 Because of the inability of MichCon and Shipper to maintain
precise control over the rate of flow and volumes of gas to be received and
delivered, continuous efforts shall be exercised to maintain the receipts and
deliveries in balance. MichCon reserves the right to refuse deliveries at the
Point(s) of Receipt or to increase or decreaee deliveries at the Point(s) of
Delivery to correct imbalances. Any action taken by Michcon to correct
imbalances shall not be considered a curtailment or interruption of service.
MichCon will provide shipper with 24 hours advance notice before increasing,
decreasing or refusing deliveries or redeliveries pursuant to this section.
11/93 9
' (Continued on Sheet No. F-146.00)
! t%t,"-"'-'"
?NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-303
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-146.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-146.00
(Continued From Sheet No. F-145.00)
Shipper, or for Shipper's account, at the Receipt Points and before it is redelivered by MichCon
at the Delivery Points.
SECTION VI
DELIVERY PRESSURE
D-6.1 Shipper shall deliver natttral gas or cause natural gas to be delivered to MichCon
at the Receipt Points at a pressure sufficient for such gas to enter MichCon's system. Shipper
shall receive quantities of natural gas, or cause quantities of natural gas to be received by a third
party transporter, at the Delivery Points at a pressure sufficient for such gas to leave MichCon's
system.
SECTION VII
MEASUR.EMENT AND MONITORING
D-7.1 All quantities of gas received at the Receipt Points by MichCon for the account
of Shipper shall be measured at the Receipt Points by MichCon or its designee in accordance
with, and shall comply with the measurement specifications contained in the Gas Measurement
Committee Report #3, Natural Gas Department, American Gas Association, including the
Appendix thereto, dated September 1985, and any subsequent amendments thereof. ("Gas
Measurement Report #3").
D-7.2 All quantities of gas delivered at the Delivery Points by MichCon to Shipper, or
for the account of Shipper, shall be measured at the Delivery Points by MichCon, or its designee,
in accordance wittnand in compliance with the measurement specifications contained in the Gas
Measurement Committee Report #3.
Exhibit DPage5 of 12
(Continued on Sheet No. F-147.00)
MICHIGANPUBLIC ORDE_SERVICECOMMISSION
ocTlo 2oooIi
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-304
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-146.00
iii
(Continued from Sheet No. F-145.00)
D-3.2 In the event Shipper creates an imbalance at the end of any
month by either over or under deliveries of natural gas, an imbalance fee of
$0.I0 may be charged for each Mcf that is over or under delivered.
D-3.3 If upon the termination of this Agreement, Shipper has not
caused to be delivered to MichCon at the Point(s) of Receipt, quantities of
gas that are volumetrically equal to those that Shipper has taker at the
Point(s) of Delivery, plus those quantities retained by MichCon as
compensation for use and loss, the term of this Agreement shall be extended
for a period of up to 60 days during which time Shipper shall cause the
deficient volumes to be delivered to MichCon at a mutually agreeable daily
rate. Should Shipper fail to correct this imbalance within the 60 day period,
Shipper shall pay MichCon, as liquidated damages, $I0.00 per Mcf plus the
currently effective Gas Cost Recovery Factor (pursuant to MichCon's Rules,
Regulations and Rate Schedules on file with the Commission) for all such
deficient volumes.
D-3.4 MichCon shall have the right to commingle gas delivered
hereunder with gas owned by MichCon and/or transported by MichCon for others.
SECTION IV
PRIORITY OF SERVICE
D-4.1 Firm transportation service will have priority over
interruptible transportation service. In the event of insufficient capacity,
resulting from Force Majeure, firm service will be curtailed or interrupted
pro rat_ in accordance with contracted volumes and interruptible service will
be curtailed or interrupted.
Dy4._ Where requests for interruptible transportation service"
exceed the capacity available for such service, MichCon will accept
nominations from Shippers and allocate capacity in the order of rate paid,
prior volumes shipped and the vintage date of the Contract, and Shipper shall
be so advised. Interruptible capacity, for Shippers having the same rate and
having the same contract date will be allocated on a pro rata basis.
11/93 10
(Continued on Sheet No. F-147.00)
)NSOLIDATED GAS COMPANY BOOK 4 OF 4.'C ANCELLED TARIFF SHEETS-305
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-147.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-147.00
(Continued From Sheet No. F-146.00)
SECTION VIII
QUALITY
D-8.1 All gas delivered by Shipper at the Receipt Points orredelivered by MichCon at
the Delivery Points shall be Pipeline Quality Gas.
D-8.2 In the event the gas delivered by Shipper at any Receipt Points or by MichCon at
any Delivery Points fails at any time to be Pipeline Quality Gas, then MichCon or Shipper, as the
case may be, shall notify the other of such deficiency and thereupon may, at its option, refuse to
accept delivery pending correction. Upon demonstration acceptable to MichCon or Shipper, as
the case may be, that the gas being tendered is Pipeline Quality Gas, MichCon or Shipper, as the
ease may be, shall resume taking delivery of gas.
SECTION IX
TAXES
D-9.1 Shipper shall pay any taxes, tariffs, and duties however designated, levied, or
charged resulting from this AgreemenL including, without limitation, all state and local privilege
or excise taxes and any amount in lieu of such taxes, tariffs and duties paid or payable by
MiehCon, exclusive however of taxes based on the net income of MichCon, property taxes, and
MichCon's single business taxes. Shipper shall reimburse MichCon for any such taxes, tariffs
and duties which are collected and remitted or paid on Shipper's behalf by MichCon because of
Shipper's failure to pay.
Exhibit D
Page 6 of 12
(Continued on Sheet No, F-148.00)
MICHIGANPUBLIC ............ _......
SERVIC_ECOMMISSION OA_0ELLEt)F37....._ ._,
I
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-306
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-147.00
(Continued from Sheet No. F-146.00)
SECTION V
POSSESSION AND RESPONSIBILITY
D-5.1 As between MichCon and Shipper, Shipper shall be deemed in
exclusive control and possession of the gas transported hereunder and
responsible for any damage or injury caused thereby until it is delivered to
MichCon at the Point(s) of Receipt and after it is redelivered by MichCon at
the Point(s) of Delivery. MichCon shall be deemed in exclusive control and
possession of said gas and responsible for any damage or injury caused thereby
after it is delivered by Shipper, or for Shipper's account, at the Point(s) of
Receipt and before it is redelivered by MiohCon at the Point(s) of Delivery.
SECTION VI
DELIVERY PRESSURE
D-6.1 Shipper shall deliver volumes of natural gas or cause volumes
of natural gas to be delivered to MichCon at the Point(s) of Receipt at
MichCon's prevailing line pressure. Shipper shall receive volumes of natural
gas, or cause volumes of natural gas to be received by a third party
transporter, at the Point(s) of Delivery at MichCon's prevailing line
pressure.
SECTION VII
MEAS.UREMENT AND MONITORING
D-7.1 All quantities of gas received at the Point(s) of Receipt by
MichCon fur the account of Shipper shall be measured at the Point(s) of
Receipt by MichCon or its designee in accordance with, and shall comply with
the measurement specifications contained in the Gas Measurement Committee
Report #3, Natural Gas Department, American Gas Association, including the
Appendix thereto, dated September 1985 and any subsequent amendments thereof.
D-7.2 All quantities of gas delivered by MichCon to Shipper, or for
the account of Shipper, will be measured at the Point(s) of Delivery by
MichCon or its designee in accordance with, and shall comply with the
measurement specifications contained in the Gas Measurement Committee Report
11/93 ii(Continued on Sheet No. F-148.00)
I CANCELLEDBY! ORDER aI --
i
:)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-307
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-148.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-148.00
(Continued From Sheet No. F-147.00)
SECTION X
CREDIT WORTHINESS
D-10.1 MichCon is not required to commence service or to continue to provide service
under this Agreement if Shipper is or has become insolvent, or if Skipper, when requested by
MichCon to demonstrate ereditworthiness, fails to do so to MichCon's satisfaction; provided,
however, that Shipper may receive service if Shipper deposits with MichCon and maintains, on
prepaid account, an amount equal to amounts which would be due for three months service at the
full Aggregate MDQ, or furnishes, within fifteen days, good and sufficient security, as
reasfnably determined by MichCon, of a continuing nature and in an amount equal to such
amounts which would be due.
SECTION XI
WARRANTY OF RIGHT TO DELIVER
D-11.1 Shipper warrants that at the time of delivery it will have the right to deliver the
gas and that it will indemnify MichCon, defend, and save it harmless from suits, actions, debts,
accounts, damages, costs, losses and expenses arising from or out of adverse claims of any and
all persons to said gas or to royalties, taxes, license fees or charges thereon to the extent that they
arise or attach prior to delivery at the Receipt Points.
D-11.2 MichConwarrants that at the time of delivery it will have the fight to deliver the
gas and that it will indemnify Shipper, defend, and save it harmless from suits, actions, debts,
accounts, damages, costs, losses and expenses arising from or out of adverse claims of any and
all persons to said gas or to royalties, taxes, license fees or charges thereon to the extent that they
arise or attach prior to redelivery at the Delivery Points.
Exhibit DPage7 of 12
(Continued on Sheet No. F-149.00)
ORDER ,vt.... .:.=.-:
i OCT10 2000 '
FILED _----__ DATE_% __I__".. 02,,,. ,
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-308
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-148.00
|i
(Continued from Sheet No. F-147.00)
#3, Natural Gas Department, American Gas Association, including the Appendix
thereto, dated September 1985 and any subsequent amendments thereof.
SECTION VIII
QUALITY
D-8.1 All gas delivered by shipper at the Point(s) of Receipt or
redelivered by MichCon at the Point(s) of Delivery shall be Pipeline Quality
Gas.
D-8.2 In the event the gas delivered by Shipper at the Receipt
Point(s) or by Michcon at the Delivery Point(s) fails at any time to be
Pipeline Quality Gas, MichCon or Shipper, as the case may be, shall notify the
other of such deficiency and thereupon may, at its option, refuse to accept
delivery pending correction. Upon demonstration acceptable to MichCon or
Shipper, as the case may be, that the gas being tendered for delivery is
Pipeline Quality Gas, MichCon or Shipper, as the case may be, shall resume
taking delivery of gas.
SECTION IX
TAXES
D-9.1 shipper shall pay any taxes, tariffs, and duties however
designated, levied, or charged resulting from _his Agreement, including,
without limitation, all state and local privilege or excise taxes and any
amount in lieu of such taxes, tariffs and duties paid or payable by MichCon,
exclusive however of taxes based on the net income of MichCon, property taxes,
and MichCon's single business taxes. Shipper shall reimburse MichCon for any
such taxes, tariffs and duties which are collected and remltted or paid on
Shipper's behalf by MichCon because of shipper's failure to pay.
11/93 12 (Continued on Sheet No. F-149.00)
I
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-309
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-149.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-149.00
(Continued From Sheet No. F-148.00)
SECTION XII
BILLING AND PAYMENT
D-12.1 On or about the fifteenth Day of each Month, MichCon shall render a statement
to Shipper for the service provided during the preceding Month. Shipper shall pay MichCon on
or before the payment due date as specified on the statement, the amount billed in that statement.
All such payments must be made in the form of immediately available funds directed to a bank
account designated by MichCon on its invoice. The payment due date shall not be prior to tlie
twenty-fifth Day of the Month in which the statement is rendered.
D-12.2 The statements rendered pursuant to this Agreement will be denominated in U.S.
Dollars ($U.S.). All payments must be made in $U.S.
D-12.3 Shipper shall have the right at all reasonable times to examine the books, records
and charts of MichCon to the extent necessary to verify the accuracy of any statement, charge or
computation made under or pursuant to any provisions of this Agreement.
D-12.4 Should Shipper fail to pay any amount of any statement rendered by MichCon as
herein provided when such amount is due, a late payment charge equal to 2% of the amount of
the statement, net of taxes, not compounded, shall be added to the statement.
D-12.5 Should Shipper fail to pay any amount of any statement rendered by MichCon as
herein provided when such amount is due, MichCon in its sole discretion may, after 2 days prior
written notice, terminate this Agreement, or suspend further service to Shipper, under this
Agreement or any other agreement until such outstanding payments are made.
'11
D-12.6 If Shipper discovers at any time within twelve Months after the date of any
statement rendered by MichCon that it has been overcharged in the amount billed in such
statement, and if the overcharge has been paid, and Shipper has made a claim therefore within
Exhibit D
Page 8 of 12
(Continued on Sheet No. F-150.00)
MICHIGANPUBLIC CAi_CELLEO_ [ ,.,,, ._
k..... _)F LED_
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-310
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-149.00
. m i J m
(Continued from Sheet No. F-148.00)
SECTION X
CREDIT WORTHINESS
D-10.1 MichCon shall not be required to commence service or to
continue to provide service under this Agreement if Shipper is or has become
insolvent, or if Shipper, when requested by MichCon to demonstrate
creditworthiness, fails to do so to MichCon's satisfaction; provided, however,
that Shipper may receive service if Shipper deposits with MichCon and
maintains, on prepaid account, an amount equal to amounts which would be due
for three months service at the full MDQ, or furnishes, within fifteen days,
good and sufficient security, as reasonably determined by MichCon, of a
continuing nature and in an amount equal to such amounts which would be due.
SECTION XI
WARRANTY OF RIGHT TO DELIVER
D-11.1 Shipper warrants that at the time of delivery it will have
the right to deliver the gas and that it will indemnify MichCon, defend, and
save it harmless from suits, actions, debts, accounts, damages, costs, losses
and expenses arising from or out of adverse claims of any and all persons to
said gas or to royalties, taxes, license fees or charges thereon.
SECTION XII
BILLING AND PAYMENT
D-12.1 Oh or about the twentieth day of each calendar month,
MichCon shall render a statement to Shipper for the total quantity of gas
transported during the preceding calendar month. Shipper will pay MichCon on
or before the 10th day after the statement is mailed, the amount billed fn
that statement. All such payments shall be made in the form of immediately
available funds directed to a bank account designated by MichCon on its
invoice.
D-12.2 The statements rendered pursuant to this Agreement shall be
denominated in U.S. Dollars ($U.S.). All payments shall be made in SU.S.
11/93 13
(Continued on Sheet No. F-150.00)
ORDER M 3 _ 0
,DATE l CO- _l -0_
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-311
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-150.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-150.00
(Continued From Sheet No. F-149.00)
sixty Days from the date of discovery, the overcharge, if verified, must be refunded within thirty
Days. If MiehCon discovers at any time within twelve Months after the date of any statement
rendered by it that there has been an undercharge in the amount billed in such statement, it may
submit a statement for the undercharge, and Shipper, upon verifying the same, shall pay such
amount within thirty days.
SECTION XIII
NON-WAIVER OF FUTURE DEFAULTS
-" D-13.1 No waiver by either party of any one or more defaults by the other in the
performance of any provision of this Agreement shall operate or be construed as a waiver of any
future default or defaults, whether of a like or a different character.
SECTION XIV
FORCE MAJEURE
D-14.1 Neither Shipper nor MiehCon shall be liable in damages, or in any other remedy,
legal or equitable, to the other for any act, omission or circumstances occasioned by or in
consequence of any acts of God, strikes, lockouts, acts of the public enemy, wars, sabotage,
blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms,
floods, washouts, arrests, and restraints of rulers and peoples, civil disturbances, explosions,
breakage or accident to machinery or lines of pipe or the necessity to make repairs, tests, or
alteration to machinery or lines of pipe, line freezeups, the inability to make deliveries due to
actions taken by third party transporters pursuant to the terms and conditions of the transporter's
tariff, the binding order of any court or governmental authority which has been resisted in good
faith by all reasonable legal means, or any other cause, whether of the kind herein enumerated, or
otherwise, not within the control of the party claiming suspension and which by the exercise of
due diligence such party is unable to prevent or overcome. A failure to settle or prevent any
Exhibit DPage 9 of 12
(Continued on Sheet No. F-151.00)
SERVICECOMMISSION _,_:_r_,;e
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-312
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-150.00
iiii
(Continued from Sheet No. F-149.00)
D-12.3 Shipper shall have the right at all reasonable times to
examine the books, records and charts of MichCon to the extent necessary to
verify the accuracy of any statement, charge or computation made under or
pursuant to any provisions of this Agreement.
D-12.4 Should shipper fail to pay any undisputed amount of any
statement rendered by MichCon as herein provided when such amount is due, a
%late payment charge equal to 2% of the undisputed amount of the statement, net
of taxes, not compounded, shall be added to the statement.
D-12.5 Should Shipper fail to pay any undisputed amount of any
statement rendered by MichCon as herein provided when such amount is due,
MichCon in its sole discretion may, after 10 days prior written notice,
terminate this Agreement, or suspend further service to Shipper, or both.
DZ12.6 If Shipper shall find at any time within twelve months after
the date of any statement rendered by MichCon that it has been overcharged in
the amount billed in such statement, and if said overcharge shall have been
paid, and Shipper shall have made a claim therefor within 60 days from the
date of discovery thereof, the overcharge, if verified, shall be refunded
within 30 days. If MichCon shall find at any time within twelve months after
the date of any statement rendered by it that there has been an undercharge in
the amount billed in such statement, it may submit a statement for such
undercharge, and Shipper, upon verifying the same, shall pay such amount
within 30 days.
SECTION XIII
NON-WAIVER OF FUTURE DEFAULTS
D-13.1 No waiver by either par1:y of any one or more defaults by the
other in the performance of any provision of this Agreement shall operate or
be construed as a waiver of any future default or defaults, whether of a like
or a different character.
11/93 14
{Continued on Sheet No. F-151.00)
i .o:: "-DATE i- -- _ L--o_
')NSOLIDATED GAS COMPANY BOOK 4 OF 4 CANCELLED TARIFF SHEETS-313
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-151.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-151.00
(Continued From Sheet No. F-150.00)
strike or othercontroversywith employees or withanyone purportingor seeking to represent
employees shallnot be consideredto be a matter within controlof the partyclaiming suspension.
D-14.2 Such causes or contingencies affecting theperformance of this Agreement by
either party,however, will not relieve it of liability in the event of its contributingnegligence or
in the event of its failureto use due diligence to remedy the situation and remove the cause in an
adequateand commerciallypractical mannerand with all reasonabledispatch,nor will such
causes or contingencies relieve either partyfrom its obligation to make payment of amounts then
due hereunder,nor shall such causes or contingencies relieve either partyof liability unless such
party.gives notice and full particularsof the same in writing to the other party as soon as possible
after the occurrencerelied on.
SECTION XV
LAWS, ORDERS, RULES AND REGULATIONS
D-15.1 The performance by the parties of their obligations set forth in this Agreement
are subject to all valid and applicable laws, orders, rules and regulations of any duly constituted
authority having jurisdiction. MiehCon may seek authorization from the MPSC, FERC or other
appropriate body for such change to any rote(s) and terms set forth in this Agreement or in any
applicable tariffor regulation as may be needed to assure MichCon just and reasonable rates.
Either party shall have the right to contest the validity of any such charge, and the acquiescence
or compliance therewith for any period of time shall not be construed as a waiver of such right.
D-15.2 In the event of a material change in the underlying rules, orders or regulations
pursuant to which MichCon provides service in accordance with this Agreement, MichCon may
upon 30 da3_sprior%vrittennotice to Shipper unilaterally and without liability suspend,
discontinue and/or terminate service under this Agreement.
ExhibitDPagel0 of 12
(Continued on Sheet No. F-152.00)
MICHIGANPUBLIC CANCELLEDB_ .._: _.
SERVICECOMMISSION ORDEr_ |-_ _
y-- -....[,o9.,.,FILED IF) _'_'__,,) •.... '......... _ |
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-314
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-151.00
iJ
(Continued from Sheet No. F-150.00)
SECTION XIV
FORCE M_.JEURE
D-14._ Neither Shipper nor MichCon shall be liable in damages, or
in any other remedy, legal or equitable, to the other for any act, omission or
circumstances occasioned by or in consequence of any acts of God, strikes,
lockouts, acts of the public enemy, wars, sabotage, blockades, insurrections,
riots, epidemics, landsiides, lightning, earthquakes, fires, storms, floods,
washouts, arrests, and restraints of rulers and peoples, civil disturbances,
explosions, breakage or accident to machinery or lines of pipe or the
necessity to make repairs, tests, or alterations to machinery or lines of
pipe, line freezeups, the binding order of any court or governmental authority
which has been resisted in good faith by all reasonable legal means, or any
other cause, whether of the kind herein enumerated, or otherwise, and whether
caused or occasioned by or happening on the account of the act or omission not
within the control of the party claiming suspension and which by the exercise
of due diligence such party is unable to prevent or overcome. A failure to
settle or prevent any strike or other controversy with employees or with
anyone purporting or seeking to represent employees shall not be considered to
be a matter within the control of the party claiming suspension.
D-14.2 Such causes or contingencies affecting the performance of
this Agreement by either party, however, shall not relieve it of liability in
the event of its contributing negligence or in the event of its failure to use
due diligence to remedy the situation and remove the cause in an adequate
manner and with all reasonable dispatch, nor shall such causes or
contingencies affecting the performance of this Agreement relieve either party
from its obligation to make payments of amounts then due thereunder, nor -shall
such causes or contingencies relieve either party of liability unless such
party shall give notice and full particulars of the same in writing or by
telegraph to the other party as soon as possible after the occurrence relied
on.
11/93 lS(Continued on Sheet No. F-152.00)
0
oAT - I
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-cANCELLED TARIFF SHEETS-g15
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-152.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-152.00
(Continued From Sheet No. F-151.00)
D-I 5.3 The transportation of gas by MichCon under this Agreement, when in interstate
commerce, is subject to the provisions of Subpart C, Part 284 of the FERC's regulations.
D-15.4 This Agreement is governed by the law of the state of Michigan. It is agreed that
any and all litigation related to this Agreement must be brought in Michigan in either a state or
federal court having jurisdiction, and each party, for purposes of any such litigation, submits to
the exclusive jurisdiction and venue of that court.
SECTION XVI
: MISCELLANEOUS PROVISIONS
D-t6.1 Assignment: Neither party may broker, assign, convey or transfer its interests,
rights and obligations under this Agreement without the prior written consent of the other party,
which may not be unreasonably withheld. Either party may, however, without relieving itself of
its obligations, assign any of its rights and obligations hereunder to a corporation with which it is
affiliated at the time of suchassignment, provided that such assignment does not materially
change the duty of the other party, or increase the burden or risk imposed on the other party
under this Agreement, or impair the other party's entitlement to performance.
D-16.2 Limit of Liability: Neither party shall be liable to the other party for
consequential, incidental, exemplary, punitive, or indirect damages, lost profits or other business
interruption damages, arising out of the performance or non-performance of any obligation under
this Agreement, by statute, in tort or contract, under any indemnity provision or otherwise.
D-16.3 Successors and Assigns: This Agreement is binding upon and enures to the
benefit of the parties hereto and their respective successors and permitted assigns.
D-16.4 Counterparts: This Agreement maybe executed in counterparts, including by
facisimie, each of which when so executed wilt be deemed to be an originally executed copy.
Exhibit DPage 11 of 12
(Continued on Sheet No. F-153.00)
MICHIGANPUBLICSERVICECOMMISSION £,A_gELLEO_ .,,.
OCT10 2000 ....
)NSOLIDATED GA-SCOMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-316
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-152.00
nl
(Continued from Sheet No. F-151.00)
SECTION XV
LAWS r ORDERS, RULES AND REGULATIONS
D-15._ 1 The performance by the parties of their obligations set
forth in this Agreement shall be subject to all valid and applicable laws,
orders, rules and regulations of any duly constituted authority having
jurisdiction. MichCon may seek authorization from the Commission or other
appropriate body for such change to any rate(s) and terms set forth in this
Agreement or in any applicable Rate Schedule, as may be found necessary to
assure MichCon just and reasonable rates. Either party shall have the right
to contest the validity of any such change, and the acquiescence or compliance
therewith for any period of time shall not be construed as a waiver of such
right.
D-15.2 In the event of a material change in the underlying rules _,
orders or regulations pursuant to which Michcon provides service in accordance
with this Agreement, MichCon may upon 30 days prior written notice to Shipper
unilaterally and without liability suspend, discontinue and/or terminate
service under this Agreement.
D-15_3 The t_ansportation ofgas by MichCon under this Agreement,
when in interstate commerce, is subject to the provisions of Subpart C, Part
284 of the regulations of the Federal Energy Regulatory Commission.
D-15.4 This Agreement is governed by the laws of the State of
Michigan. It ks agreed that any and all litigation related to this Agreement
shall be brought in either a state or federal court located within the State
of Michigan, and each party, for purposes of any such litigation, submits to
the exclusive jurisdiction and venue of that court.
SECTION XVI
MISCELLANEOUS P.ROVIS IONS
D-16._I Assicnment: Shipper shall not broker, assign, convey or
transfer its interests under this Agreement without the prior written consen_
of MichCon. Either Shipper or MichCon may, however, without relieving itself
11/93 16
(Continued on Sheet No. F-153.00)
n_TE._.._Lo- L/,- _'-_
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-31?
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-153.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-153.00
(Continued From Sheet No. F-152.00)
D-16.5 Confidentiality: The terms of this Agreement will remain strictly confidential
except as required by any government or regulatory body having jurisdiction or unless parties to
this Agreement otherwise agree in writing.
D-16.6 Operational Changes" From time to time, Exhibit D may be amended to address
operational and administrative changes on MichCon's transportation system by MichCon giving
Shipper five business days written notice of the proposed changes. IfMichCon has not received
written notification of exceptions to the changes by the close of business on the fifth day after
notice was given, then Exb_ibitD will be deemed to be amended to incorporate such changes.
* * * END OF EXHIBIT "D" * * *
Exhibit DPage 12of 12
MICHIGANPUBLIC CAHOELLEDBY. I "_ 5" :SERVICECOMMISSION ORDEP,__I_L=I-__..... _- .... <__--;--;, i
i
OCT10 2000 P,zr=_ __
_ .._').- t--2t"FILED... _r_ f_(k_ O/41e.,o..............
]NSOLIDATED GAS OOIVIPANY BOOK 4 OF 4-CANCELLED TARIFF SHEEF$'318
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-153.00
(Continued from Sheet No. F-152.00)
of its obligations under this Agreement, assign any of its rights and
obligations hereunder to a corporation with which it is affiliated at the time
of such assignment.
D-16.2 Headinqs: The headings used throughout this Agreement are
inserted for convenience of reference only and are not to be considered or
taken into account in construing the terms or provisions hereof nor are they
to be deemed in any way to qualify, modify or explain the effect of any such
provisions or terms.
D-16.3 .Gender, Number and Internal References: Unless the context
otherwise requires, words importing the singular include the plural and vice
versa, and words importing gender include all genders. The words "herein",
"hereunder" and words of similar import refer to the entirety of this
Agreement and not only to the Section in which such use occurs.
D-16.4 Successors and Assiqns: This Agreement shall be binding
upon and shall enure to the benefit of the parties hereto and their respective
successors and permitted assigns.
D-16.5 Counterparts: This Agreement may be executed in
counterparts, each of which when so executed shall be deemed to be an
originally executed copy, and it shall not be necessary to produce all
counterparts in order to prove this Agreement.
D-16.6 Re orqanization: Any company which shall succeed by
purchase, merger, or consolidation to the properties, substantially as an
entirety, of Shipper or of MichCon, as the case may be, shall be entitled to
the rights and shall be subject to the obligations of its predecessor in title
under this Agreement.
D-._6.? Entirety: This Agreement constitutes the entire agreement
between MichCon and Shipper concerning the subject matter hereof. Any prior
understandings, representatlons, promises, undertakings, agreements or
inducements, whether written or oral, concerning the subject matter hereof not
contained herein shall have no force and effect. This Agreement may be
modified or amended only by a writing duly executed by both parties.
11/93 17
(Continued on Sheet No. F-154.00)
l
ORDERK & 3 b
REMOVEDBy_._._ ([_(JUN24 19_4)_))
DATE_o-- I_.-_--<_
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-319
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-154.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-154.00
GAS STORAGE AGREEMENT
This Agreement, made andentered into as of the day of, , by and between
("Customer"), having an office at -
, and Michigan Consolidated Gas
Company ("MichCon"), having its principal office at 500 Griswold, Detroit, Michigan 48226;
Recitals
Whereas, MichCon owns and operates underground gas storage facilities in the State of
Michigan; and
Whereas, Customer is in need of a storage service for certain quantities of natural gas;
and
Whereas, MiehCon is willing to provide the requested storage service subject to the terms
and conditions contained in this Agreement;
THEREFORE, Customer and MichCon agree as follows:
1. GAS STORAGE SERVICE
1.1 During the term of this Agreement, MiehCon shall provide a storage service for Customer
with an Annual Contract Quantity, Maximum Daily Injection Quantity, Maximum Daily
Withdrawal Quantity and Maximum Contract Cycled Quantity (all as defined in Exhibit C) as setforth below:
(Continued on Sheet No. F-155.00)
MICHIGANPUBLIC_._;_,_SERVICECOMMISSION CANCELLEDI_ __:,,_"._
OCT10 2000 RE_O_EDm,._- _,
:)NSOLIDATED GAS cOMPANY BooK 4 OF 4-CANCELLED TARIFF SHEETS-g20
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-154.00
(Continued from Sheet No. F-153.00)
D-16.8 The terms of this Contract will remain strictly confidential
except as required by any government or regulatory body having jurisdiction or
unless the parties to this Contract otherwise agree in writing.
* * * END OF EXHIBIT "D" * * *
ii193 18
1°A'c'LL'°'YIORDER LA _'-,_ O _
REMOVEDBYLO_.;J__ t/C_ OU,_I_ 4 "_" )_,,, ,_._______4
)NSOLIDATED GAS COMPANY BOOK4 OF 4-CANCELLED TARIFF SHEETS-321
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-155.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-155.00
(Continued From Sheet No. F-154.00)
Annual ContractQuandty(ACQ) Bcf
Maximum Daily Injection Quantity (MDIQ) _ MMcf/d
Maximum Daily Withdrawal Quantity (MDWQ) MMcf/d
Maximm Contract Cycled Quantity (MCCQ) _ Bcf(equals _ times ACQ)
1.2 Customer may deliver gas to MichCon for injection into storage during the period from
April 1 through October 31, and may request that MichCon withdraw gas from storage, on any
Day during the period from November 1 through March 31.
1.3 MichCon, in its discretion, may allow Customer to deliver gas for storage in excess of the
MI)IQ, and to request withdrawals from storage in excess of the MDWQ. However, at no time
may Customer withdraw gas in excess of its storage balance.
1.4 Notwithstanding Section 1.1, and unless MichCon agrees otherwise, Customer is not
entitled to withdraw the MDWQ during the Months of February and March unless it retains at
least 20% of ACQ in storage during that Month (the "Minimum Balance"). If it retains less than
the Minimum Balance during the Month of February or March, the MDWQ shall be reduced for
the remainder of the Month of February or March as follows:
Available MDWQ
<20% - >15% of ACQ _ MMcf/d
<15% - >10% of ACQ _ MMcf/d
<10% - >5% of ACQ _ MMcf/d
<5% - >0% of ACQ __ MMcf/d
1.5 Nominations with regard to gas to be delivered for injection and requests for gas to be
withdrawn from storage shall be made as provided in Section C-2.1 of Exhibit C.
(Continued on Sheet No. F-156.00)
MICHIGAI_PUBLICSERVICEC0_4MtSSl0N C_,_iCELLED_.. __
- _ I -o z-4,
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-322
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company original Sheet No. F-155.00
Gas Storage Aqreement
This Agreement, made and entered into as of the 1st day of April, 1994, by
and between XYZ Company ("Customer"), having an office at 221 B Baker Street,
London, England 90210 and Michigan Consolidated Gas Company ("MichCon"),
having its principal office at 500 Griswold, Detroit, Michigan 48226;
Re¢il;als
Whereas, MichCon owns and operates underground gas storage facilities in the
State of Michigan; and
Whereas, MichCon currently has storage capacity in excess of its market
requirements; and
Whereas, Customer is in need of a storage service for certain quantities of
natural gas; and
Whereas, MichCon is willing to provide the requested storage service subject
to the terms and conditions contained in this Agreement;
NOW, THEREFORE, in consideration of the mutual promises, agreements and
undertakings hereinafter set forth, Customer and MichCon agree as follows:
ARTICLE I
GAS STORAGE SERVICE
1.1 During each Summer Period, Customer will cause natural gas to be delivered
to MichCon at the Point(s) of Receipt, and MichCon shall accept for storage and store,
a volume of gas up to the Annual Contract Quantity, together with a volume of gas
equivalent to .9% of such deliveries to MichCon. MichCon shall retain .9% of all
deliveries as compensation for its compressor fuel usage. Such deliveries by
Customer shall not exceed a Maximum Daily Injection Quantity of MMCF per day,
except that Customer may, with MichCon's concurrence, deliver volumes in excess
of the Maximum Daily Injection Quantity.
!.2 During each Winter Period, MichCon will redeliver at the Point(s) of Delivery,
(Continued on Sheet No. F-156.00)
ORDER_L4 b _ _ _....... JUN2 4 l0
REMOVEDBy_.._ ._I_
DATE _/O" I L- _-c_
)NSOLIDATED GAS COMPANY BOOK 4 OF _4-CANCELLED TARIFF SHEETS-323
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-156.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-156.00
(Continued From Sheet No. F-t55.00)
2. DELIVERY AND REDELIVERY
2.1 All gas delivered by Customerto MichCon for storage shall be delivered at those points
on MichCon's pipeline system listed on Exhibit A (the "Receipt Points").
2.2 All gas withdrawn by MichCon from storage shall be delivered to Customer at those
points on MiehCon's pipeline system listed on Exhibit B (the "Delivery Points").
2.3 Customer shall be responsible for making all arrangements for, and paying for, the
transportation of gas to the Receipt Points and from the Delivery Points.
2.4 MichCon shall be responsible for making all arrangements for, and paying for, the
transportation of gas from the Receipt Points and to the Delivery Points.
2.5 The MDQ for each Receipt Point and Delivery Point is set forth in Exhibits A and B
respectively.
3. TERM
3.1 This Agreement shall commence on and terminate on
4. STORAGE SERVICE CHARGE
4.1 Each Month starting and ending , Customer shall pay
MichCon for the storage service provided under this Agreement a monthly demand charge of
4.2 If Customer cycles volumes in excess of its MCCQ, Customer shall pay MichCon an
additional __ per Mcf for the excess volumes withdrawn.
(Continued on Sheet No. F-157.00)
MICHIGANPUBLIC
SERVICECOMMISSION CANCELLEDBY _ ...-
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-324
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original sheet No. F-156.00
(Continued from Sheet No. F-155.00)
such volume of gas up to the Annual Contract Quantity, as Customer may request.
Such redeliveries shall not exceed a Maximum Daily Withdrawal Quantity of: (1) _
MMCF per day untit 85% of the Annual Contract Quantity has been withdrawn or
until March 1, whichever shall occur first; and thereafter (2) MMCF per day. i
Customer may request volumes of gas in excess of the Maximum Daily Withdrawal
Quantity. MichCon may, at its sole option, deliver those requested excess volumes.
1.3 At its option, Customer may elect to defer the redelivery of all or any part of 7-!
the gas stored hereunder from one Winter Period to the next Winter Period during the
term of this Agreement by giving MichCon notice of such election before the fifteenth
day of January with respect to volumes required to be taken in January; before the
tenth day of February with respect to volumes required to be taken in February; and
before the first day of March with respect to volumes deliverable in March. Moreover,
the volumes so deferred and remaining in storage on March 31 of each Winter Period
shall be deemed, for all purposes of this Agreement, to have been delivered by
Customer to MichCon for storage in the next succeeding Summer Period, except that
no compressor fuel need be furnished with respect to such deferred volumes unless
and to the extent that such deferred volumes remaining in storage exceed 40% of the
Annual Contract Quantity, As to such volumes in excess of 40% of the Annual
Contract Quantity, Customer shall furnish 2.0% of such excess as compressor fuel
to permit cycling of such excess in order that storage capacity may be maintained.
.1.4 The Annual Contract Quantity shall be__ MMCF of natural gas.
1.5 Customer may request deliveries of gas to MichCon in excess of the Maximum
Daily Injection Quantity, or redeliveries of gas from MichCon in excess of the
Maximum Daily Withdrawal Quantity. MichCon, at its sole discretion, may honor
Customer's request.
1.6 Customer may request deliveries of gas to MichCon on any day during the
Winter Period, or redetiveries of gas from MichCon on any day during the Summer
Period. MichCon, at its sole discretion, may honor Customer's request.
1.7 At no time shall Customer have a volume of gas in storage in excess of the
Annual Contract Quantity.
2(Continued on Sheet No. F-157.00)
............,.....
ORDER C_ ,,C._ b__
DATE
]NSOLIDATED GAS COMPANY BOOK 40F4'CANCELLED TARIFF SHEETS-g25
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-157.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-157.00
(Continued From Sheet No. F-156.00)
4.3 MichConshallmtam0.9% ofall volumesnominatedfor injectionascompensationfor its
compressor fuel usage.
5. NOTICE
5.1 Any notice, request, demand, statementor payment provided for in this Agreement shall
be sent to theparties at the following addresses:
Customer:
Attn:
MichCon:
Payments: As directed on the invoice
All other: Michigan Consolidated Gas Company500 Griswold Street, 26th FloorDetroit, Michigan 48226Arm: Director, Gas Supply & Transportation Services
5.2 Either party may change its address under this Agreement by notice to the other party.
Unless otherwise provided, all notices given by one party to the other shall be sent by registered
mall, overnight courier, or by telecopy and shall be effective upon receipt. Hox_ever, routine
communications, including monthly invoices, shall be considered as duly delivered when mailed
by either registered, overnight or ordinary mall.
6. CONTRACT DOCUMENTS
6.1 This Agreement includes the following exhibits which are made a part of the Agreement:
(Continued on Sheet No. F-158.00)
-------==--..__..__
_dICHIGANPUBLIC _ ..........SERVICECO_4MISSION
_AN(3ELLEOBY,. _ _
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-326
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company original Sheet No. F-157.00
m
(Continued from Sheet No. F-156.00)
1.8 Customer shall not request, and MichCon shall not accept, both delivery to and
redelivery from storage during the same Day.
ARTICLE II
POINT(S) OF RECEIPT
2.1 Customer shall deliver or cause to be delivered natural gas at the Point(s) of
Receipt set forth in Exhibit "A", which is attached to this Agreement and made part
of it.
AR.TICLE III
POINT(S) OF DELIVERY
3.1 MichCon shall redeliver to Customer, or for the account of Customer at the
Point(s) of Delivery as shown on Exhibit "B", which is attached to this Agreement and
made part of it.
ARTICLE IV
TERM
4..1 This Agreement shall commence on and terminate on
ARTICLE V
ST0.RAGE SERVICE CHARGE
5.1 Customer shall pay MichCon for the storage service provided for hereunder a
charge of $ per month through the term of this Agreement.
ARTICLE VI
G.ENERAL TERM & CONDITIONS
6..1 This Agreement is subject to the General Terms and Conditions, which are
attached hereto as Exhibit "C" and made part hereof.
..ART!CLE Vll
3(Continued on Sheet No. F-158.00)
"v"- ."<?
ORDERbl _3_b O z/JUN 2 4 " g
REMOVEDBY_DATEI0 _ l_ -- O'b
I
)NSOL]DATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-g27
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-158.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-158.00
(Continued From Sheet No. F-157.00)
F._G-]mITA - ReceiptPoints
EXHIBIT B - Delivery Points
EXHIBIT C - General Terms and Conditions
This Agreement constitutes the entire agreement between MiehCon and Customer concerning the
subject matter hereof. Any prior understandings, representations, promises, undertakings,
agreements or inducements, whether written or oral, concerning the subject matter hereof not
contained herein shall have no force and effect. This Agreement may be modified or amended
only by a writing duly executed by both parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed, as of
the day and year first above written.
MICHIGAN CONSOLIDATED GAS COMPANY
By
Title:
By
Title:
(Continued on Sheet No. F-159.00)
MICHIGANPUBLIC "_, ....._':'_':'_'_SERVICECOMMISSION C_,_'I,f,_LL-_-_ _/_ "_;_:
{::_i:t_gO
FILED tijlJ _/.-/ _ _.......
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-328
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-158.00
ii
(Continued from Sheet No. F-157.00) s
ARTICLE VII
NOTICE
7.1 Any notice, request, demand, statement or payment provided for in this
Agreement shall be sent to the parties at the following addresses:
Customer: XYZ Company221 B Baker Street
London, England 90210Artn:
MichCon:
Payments: As directed on the invoice
All other: Michigan Consolidated Gas Company500 Griswold Street, 26th FloorDetroit, Michigan 48226Attn: Senior Vice President, Gas Operations
7.2 Either party may change its address under this Agreement by notice to the
other party. Unless otherwise provided, all notices given by one party to the other
shall be sent by registered mail, overnight mail, or by telecopy and shall be effective
upon receipt. However, routine communications, including monthly invoices, shall be
considered as duly delivered when mailed by either registered, overnight or ordinary
mail.
4(Continued on Sheet No. F-159.00)
(ORDER L_. _, Z_______
I
:,DATE g 0- l..l--O_
3NSOLIDATED GASCOMPANYBOOK4 OF 4-CANCELLEDTARIFFSHEETS-329
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-159.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-159.00
(Continued From Sheet No. F-158.00)
EXHIBIT "A"
Receipt Point(s)
Facility Name Receipt Point MDQ
(Continued on Sheet No. F-t60.00)
MICHSGANPUBLtC CA_,]CELLEDBY4 , _"SERVICECOM_ISSIO_ ORDER_ _ _ -|- _ .......,
_,L_o D_T__- !- o 7,,..
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-330
M.P.S.C. No. 4 Gas
Michigan Consolidated Gas Company Original Sheet No. F-159.00
(Continued from Sheet No. F-158.00)
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
in counterparts, each of which is an original and all of which are identical, as of the
day and year first above written.
MICHIGAN CONSOLIDATED GAS COMPANY
By:
Title:
XYZ COMPANY
By:
Title:
5
(Continued on Sheet No. F-160.00)
L
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-331
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-160.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-160.00
(Continued From Sheet No. F-159.00)<
EXHIBIT "B"
Delivery Point(s)
Facility Name Delivery Point MDQ
(Continued on Sheet No. F-161.00)
MICHIGANPUBLIC
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-332
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-160.00
Ji
(Continued from Sheet No. F-159.00)
EXHIBIT "A"
Point(&}. of Receipt
Facility Name . Meter Name
1. MichCon/ANR Pipeline Interconnect "Willow Run"in Washtenaw County, Michigan(Interruptible Receipts Only)
2. MichCon/ANR Pipeline Interconnect in "Woolfolk"Mecosta County, Michigan
3. MichCon/Great Lakes Interconnect "Belie River Mills"
in St. Clair County, Michigan
4. MichCon/Shell Western E&P Inc. "SWEPI KalkaskaInterconnect at the outlet of the SWEPI Plant"
Kalkaska Gas Processing Plant.
5. MichCon/Panhandle Eastern Pipe Line "River Rouge"Interconnect in Wayne County, Michigan(Interruptible Receipt OnIv)
6
(Continued on Sheet No. F-161.00)
! LLEDBY _ _ O
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-333
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-161.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-161.00
(Continued From Sheet No. F-160.00)
EXHIBIT "C"G-encralTermsand Conditions
SECTION I
DEFINITIONS
C-l.1 The term "Annual ContractQuantity"or "ACQ" means the maximum volume of
natural gas that MichCon is obligated to store and that Customer is entitled to have stored.
C-1.2 The term "ContractYear" means the one-year period from April 1 through March
31, except that the period from through shall also be considered a
Contract Year.
C-1.3 The term "Day" means a period of twenty-four (24) consecutive hours commencing
at 12:00 P.M. Eastern Standard Time.
C-1.4 The term "Maximum Contract Cycle Quantity" or "MCCQ" is the maximum
volume that can be withdrawn within a Contract Year and shall be equal to .__ times the ACQ.
C-1.5 The term "Maximum Daily Injection Quantity" or "MDIQ"is the maximum amount
of gas that MichCon is required to receive for injection in a Day.
C-1.6 The term "Maximum Daily Quantity" or "MDQ" is the maximum volumes of gas
that can be delivered to either the Receipt Point or Delivery Point.
C-1.7 The term "Maximum Daily Withdrawal Quantity" or "MDWQ" is the maximum
amount of gas that MichCon is rexluimdto withdraw from storage in a Day.
C-1.8 The term "Mc£' means 1,000 cubic feet of gas at a base temperature of 60 degrees
Fahrenheit and a base pressure of 14.65 pounds per square inch absolute (psia).
C-1.9 The term "MMc£' means 1,000,000cubic feet of gas.
C-I.10 The term "Month" means the period beginning at 12:00 P.M. Eastern Standard
Time, on the first day of a calendar month and ending at 12:00 P.M. Eastern Standard Time on the
first day of the following calendar month.
EXHIBIT C
Page 1 of l I
(Continued on Sheet No. F-162.00)
_tlCHIGAI'_'PUBLIC
oRoER l_.i)-->2).-._-._,
- -z. i-o'L.,FILED DATE : ---_ ...... _---_-_'_'-_-_--="
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-334
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-161.00
(Continued from Sheet No. F-160.00)
EXHIBIT"B"
Point(s} of Delivew
Facility Name Meter Name
1. MichCon Intrastate City Gate "MichCon City Gate"Facilities (Subsequent transportationbehind city gate performed pursuant toMichCon's On-System Transportation Tariffs.)
2. MichCon/ANR Pipeline Interconnect in "Woolfolk"Mecosta County, Michigan
3. MichCon/Great Lakes Interconnect in "Belle River Mills"
St. Clair County, Michigan
4. MichCon/Consumers Power Interconnect "Northville"in Wayne County Michigan (InterruptibleDeliveries Only)
7
(Continued on Sheet No. F-162.00)
J ,,,, /
i ' " L._Z
)NSOLIDATEDGAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-335
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-162.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-162.00
(Continued From Sheet No. F-161.00)
C-I.IIThe term "MPS.__.CC"or "Commission"means the MichiganPublicService
Commi_ion or any suecossorregulatoryauthority having jurisdiction.
SECTION II
NOMINATIONS, DELIVERIES
C-2.1 Customer shall notify MichCon by means of using MichCon's Electronic Bulletin
Board ("EBB") of the quantity of gas that Customer shall cause to be delivered to MichCon for
injection or wishes to have redelivered from storage prior to 2:00 P.M. EST on the Day prior to the
Service Day. Such daily volumes may not exceed the applicable Receipt Point or Delivery Point
MDQs set forth in Exhibit A and B respectively, and the MDIQ or MDWQ.
C-2.2 Became of the inability of Customer and MichCon to maintain precise control over
the rates of flow and volumes of gas to be delivered and redelivered hereunder, continuous efforts
shall be exercised to maintain the deliveries and redeliveries within a plus or minus variation of 2%
of the scheduled delivery and redelivery volumes. However, all gas delivered or redelivered
hereunder on each Day shall be delivered at rates as comctantas practicable throughout such Day.
SECTION III
DISPOSITION OF GAS
C-3.1 Customer shall request the withdrawal of all of its gas in storage for delivery tothe
Delivery Points on or before the last Day of the term of this Agreement. If, upon the termination of
this Agreement, Customer has not requested the withdrawal of all of its gas in storage, then
Customers the remaining volumes shall be deemed sold to MichCon at a rate of MiehCon City
Gate Index, as published in Gas Daily, less $0.50 per MMBtu. Payment for the remaining volumes
shall appear as a credit on the last statement rendered by MichCon to Customer. To the extent that
EXHIBIT C
Page2 ofll
(Continued on Sheet No. F-163.00)
)NSOLIDATED GASCOMPAN-Y BOOK 4 OF 4-CANCELLED TARIFF SHEETS-336
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-162.00
i
(Continued from Sheet No. F-161.00)
EXHIBIT "C"
General Terms and Conditions
Section I
Definitions
C-1.1 The term "D_D#.y"shall mean a period of twenty-four (24) consecutive
hours commencing at noon, local time, or such other time as may be mutually agreed
upon.
C-1.2 The term "Month" means the period beginning at noon, local time, on the
first day of a calendar month and ending at noon local time on the first day of the
following calendar month.
C-1.3 The term "Equivalent Quantities" shall mean a volumetrically equivalent
amount of gas.
C-1.4 The term "An0ual Contract Quantity" or "ACQ" shall mean the greatest
volume of natural gas that MichCon is obligated to store for Customer.
C:1.5 The term "MPSC" or "Commission" shall mean the Michigan Public
Service Commission or any successor regulatory authority having jurisdiction.
C-1.6 The term "MCF" shall mean one thousand cubic feet of gas at a base
temperature of 60 ° Fahrenheit and a base pressure of 14.65 pounds per square inch
absolute.
C-1.7 The term "MMCF" means 1,000 MCF's.
C-1.8 The term "Summer Period" shall mean the period from April 1 through
October 31 of a calendar year.
C-1.9 The term "Winter Period" shall mean the period from November 1 of a
calendar year through March 31 of the following calendar year.
SECTION II
NOMINATIONS, DELIVERIES
C:2.1 Customer shall notify MichCon's Transportation & Exchange Department
at (313) 256-5955, not less than six working days prior to the first Day of each
Month, of the quantity of gas, that Customer shall cause to be delivered to MichCon
for storage or wishes to have redelivered from storage during each Day of the next
8
(Continued on Sheet No. F-163.00)
' //2! ",,.i( i JUN2 41774
)NSOLIDATED GAS COMPANY BooK4 OF 4-CANCELLED TARIFF SHEETS-337
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-163.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-163.00
(Continued From Sheet No. F-162.00)
the credit exceeds the total charges in that statement, the difference shall be paid by MichCon to
Customer.
SECTION IV
POSSESSION AND RESPONSIBILITY
C-4.1 As between MichCon and Customer, Customer shall be deemed to be in exclusive
control and possession of the gas stored hereunder and responsible for any damage or injury caused
thereby until it is delivered to MichCon at the Receipt Points and after it is delivered by MichCon
at the Delivery Points. MichCon shall be deemed in exclusive control and possession of said gas
and responsible for any damage or injury caused thereby after it is delivered by Customer, or for
Customer's account, at the Receipt Points and before it is delivered by MichCon at the DeliveryPoints.
SECTION V
DELIVERYPRESSURE
C-5.1 Customer shall deliver natural gas or cause natural gas to be delivered to MichCon
at the Receipt Points at a pressure sufficient for such gas to enter MichCon's system. Customer
shall receive natural gas, or cause natural gas to be received by a third party .wansporter,at the
Delivery Points at a pressure sufficient for such gas to leave MichCon's system.
SECTION VI
MEASUREMENT AND MONITORING
C-6.1 All quantifies of gas received at the Receipt Points by MichCon for the account of
Customer shall be measured at the Receipt Points by MichCon or its designee in accordance with,
EXHIBIT C
Page 3 ofl I
(Continued on Sheet No. F-164.00)
MICHIGANPUBLIC CANCELLEDBY, _.:sERv,c oRDE
OCT10 2000
- DATE "_ " t " _"#-,,"FILED• . _ -- I
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-338
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-163.00
i •
(Continued from Sheet No. F-162.00)
Month. Such daily volumes shall not exceed the Maximum Daily Injection Quantity
or Maximum Dally Withdrawal Quantity. On 24 hours advance notice to MichCon,
Customer may reschedule, with MichCon's approval, the daily volumes of gas to be
delivered at the Point(s) of Receipt or redelivered at the Point(s) of Delivery but not
in excess of the Maximum Daily Injection Quantity or Maximum Daily Withdrawal
Quantity without MichCon's prior approval.
(3..-2.2 Because of the inability of Customer and MichCon to maintain precise
control over the rates of flow and volumes of gas to be delivered and redelivered
hereunder, continuous efforts shall be exercised to maintain the deliveries and
redeliveries within a plus or minus variation of 2% of the scheduled delivery and
redelivery volumes. However, all gas delivered or redelivered hereunder on each Day
shall be delivered at rates as constant as practicable throughout such Day.
SECTION III
DISPOSITION OF GA.S
£:-3.1 Customer shall request the withdrawal of all of its gas in storage for
delivery to the Point(s) of Delivery on or before the last Day of the term of this
Agreement. If, upon the termination of this agreement, Customer has not requested
the withdrawal of all of its gas in storage, then the remaining volumes shall be
deemed sold to MichCon at a rate of $1.50 per Mcf. Payment for the remaining
volumes shall appear as a credit on the last statement rendered by MichCon to
Customer. To the extent that the credit exceeds the total charges in that statement,
the difference shall be paid by MichCon to Customer.
SECTION IV
POSSESSION AND RESPONSIBILITY
C-4.1 As between MichCon and Customer, Customer shall be deemed in
exclusive control and possession of the gas stored hereunder and responsible for any
damage or injury caused thereby until it is delivered to MichCon at the Point(s) of
Receipt and after it is delivered by MichCon at the Points(s) of Delivery. MichCon
shall be deemed in exclusive control and possession of said gas and responsible for
any damage or injury caused thereby after it is delivered by Customer or for
9(Continued on Sheet No. F-164.00)
- \\¢_\
)NSOLIDATEDGASCOMPANYBOOK4 OF4-cAI CELLED TARIFFSHEETS-339
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-164.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-164.00
(Continued From Sheet No. F-163.00)
and shall comply with the meam_,ement specifications contained in the Gas Measurement
Committee Report #3, Natural Gas Department, American Gas Association, including the
Appendix thereto, d_ted September 1985, and any subsequent amendments thereof. ("Gas
Measurement Report #3").
C-6.2 All quantities of gas delivered at the Delivery Points by MichCon to Customer, or
for the account of Customer, shall be measured at the Delivery Points by MichCon, or its designee,
in accordance with and in compliance with the measurement specifications contained in the Gas
MeasjarementCommittee Report #3.
SECTION VII
QUALITY
C-7.1 All gas delivered by Customer atthe Receipt Pointsor redelivered by MichCon at
the Delivery Points:
a) Shall have a total heating value of not less than nine hundred fifty (950) British
thermal units per cubic foot, and not more than one thousand fifty (1,050) British thermal units percubic foot.
b) Shall be commercially free (at prevailing pressure and temperature) from
objectionable odors, dust, or other solid or liquid matters which might interfere with its
merchantability or cause injury to or interference with proper operation of the lines, regulators,
meters or other appliances through which it flows, and shall not contain an amount of moisture at
any time exceeding that corresponding to saturation at the temperature and pressure of the gas in
the pipeline at a point approximately fifty (50) feet in advance of the meter inlet headers at the
places of delivery and the water shall not be present in liquid phase;
EXHIBIT C
Page4ofll
(Continued on Sheet No. F-165.00)
-J3155.__" - --_SS:
)NSOLIDATED GAS OOMPANY BOOK 4 OF 4-OANOELLED TARIFF SHEETS-340
M.P.S.C. No. 4 Gas
Michigan Consolidated Gas Company Original Sheet No. F-164.00
ii
(Continued from Sheet No. F-163.00)
Customer's account, at the Point(s) of Receipt and before it is delivered by MichCon
at the Point(s) of Delivery.
SECTION V
DELIVERY PRESSURE
C-5.1 Customer shall deliver quantities of natural gas or cause quantities of
natural gas to be delivered to MichCon at the Point(s) of Receipt at a pressure
sufficient for such gas to enter MichCon's system. Customer shall receive quantities .-
of natural gas, or cause quantities of natural gas to be received by a third party
transporter, at the Point(s) of Delivery at a pressure sufficient for such gas to leave
MichCon's system.
SECTION VI
.MEASU.REMENT AND MONITORING
C-6.1 All quantities of gas received at the Point(s) of Receipt by MichCon for
the account of Customer shall be measured at the Point(s) of Receipt by MichCon or
its designee in accordance with, and shall comply with the measurement
specifications contained in the Gas Measurement Committee Report #3, Natural Gas
Department, American Gas Association, including the Appendix thereto, dated
September 1985, and any subsequent amendments thereof. ("Gas Measurement
Report #3").
C-6.2 All quantities of gas delivered at the Point(s) of Delivery by MichCon to
Customer, or for the account of Customer, shall be measured at the Point(s) of
Delivery by MichCon, or its designee, in accordance with and in compliance with the
measurement specifications contained in the Gas Measurement Committee Report #3.
SECTION VII
QUALITY
C-7.1 All gas delivered by Customer at the Point(s) of Receipt or redelivered by
MichCon at the Point(s) of Delivery:
a) Shall have a total heating value of not less than nine hundred fifty (950)
British thermal units per cubic foot, and not more than one thousand fifty (1,050)
British thermal units per cubic foot.
10(Continued on Sheet No. F-165.00)
CANCELLEDBY ///q__ __..kOO_0rD r_Lk Z _
)NSOLIDATED GA-S(cOMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-341
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-165.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-165.00
(Continued From Sheet No. F-164.00)
c) Shall contain less than one (1) grain of hydrogen sulphide per hundred (100) cubic
feet of gas volume when tested in accordance with the following procedure: a strip of white filter
paper previously moistened with fresh 5% lead acetate solutionshall be exposed to the gas for one
and one-half (1-1/2) minutes in a previously purged apparatus through which the test gas is flowing
at a rate of approximately five (5) cubic feet per hour; the gas shall not directly impinge upon the
test strip during the test. At the end of the stated time the test paper thus exposed shall be compared
with a second test strip similarly prepared but not exposed to the test gas. If the exposed test swip is
not noticeably darker than the comparison strip the gas under test shall be considered acceptable. If
the e.xposedstrip is definitely darker than the comparison strip the gas shall be tested quantitatively
for hydrogen sulphide by the Tutweiler or other ,asceptablemethod;
d) Shall not contain more than twenty (20) grains of total sulphur per hundred (100)
cubic feet of gas volume as determined by methods to be mutually agreed upon;
e) Shall not contain more than one percent (1%) of oxygen by volume;
f) Shall not contain as nearly as practicable any flee water nor contain more than five
(5) pounds of water vapor per million cubic feet of gas;
g) Shall not contain more than two percent (2%) by volume of carbon dioxide;
h) Shall not contain more than three percent (3%) by volume of nitrogen.
C-7.2 In the event the gas delivered by Customer at the Receipt Points or by MichCon at
the Delivery Points falls at any time to conform to any of the specifications set forth in Section C-
7.1 above, then MichCon or Customer, as the case may be, shall notify the other of such deficiency
and thereupon may, at its option, refuse to accept delivery pending correction. Upon demonstration
acceptable to MichCon or Customer, as the ease may be, that the gas being tendered for delivery
conforms to all of the specifications outlined in Section C-7.1 above, MichCon or Customer, as the
case may be, shall resume taking delivery of gas.
SECTION VIII
EXHIBIT C
Page 5 of I 1
(Continued on Sheet No. F-166.00)
MICHIGANPUBLIC CANCELLEDBY - __SERVICECOMMISSION ORDE_
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-g42
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-165.00
(Continued from Sheet No. F-164.00)
b} Shall be commercially free (at prevailing pressure and temperature) from
objectionable odors, dust, or other solid or liquid matters which might interfere with
its merchantability or cause injury to or interference with proper operation of the lines,
regulators, meters or other appliances through which it flows, and shall not contain
an amount of moisture at any time exceeding that corresponding to saturation at the
temperature and pressure of the gas in the pipeline at a point approximately fifty (50}
feet in advance of the meter inlet headers at the places of delivery and the water shall
not be present in liquid phase;
c) Shall contain less than one (1) grain of hydrogen sulphide per hundred
(100) cubic feet of gas volume when tested in accordance with the following
procedure: a strip of white filter paper previously moistened with fresh 5% lead
acetate solution shall be exposed to the gas for one and one-half (1-1/2) minutes in
a previously purged apparatus through which the test gas is flowing at a rate of
approximately five (5} cubic feet per hour; the gas shall not directly impinge upon the
test strip during the test. At the end of the stated time the test paper thus exposed
shall be compared with a second test strip similarly prepared but not exposed to the
test gas. If the exposed test strip is not noticeably darker than the comparison strip
the gas under test shall be considered acceptable. If the exposed strip is definitely
darker than the comparison strip the gas shall be tested quantitatively for hydrogen
sulphide by the Tutweiler or other acceptable method;
d) Shall not contain more than twenty (20) grains of total sulphur per
hundred (100) cubic feet of gas volume as determined by methods to be mutually
agreed upon;
e) Shall not contain more than one percent (1%) of oxygen by volume;
f) Shall not contain as nearly as practicable any free water nor contain more
than five (5) pounds of water vapor per million cubic feet of gas;
g) Shall not contain more than two percent (2%) by volume of carbon
dioxide;
h) Shall not contain more than three percent (3%) by volume of nitrogen.
C-7.2 In the event the gas delivered by Customer at the Receipt Point(s) or by
11
(Continued on Sheet No. F-166.00)
------ L
_RDER--L4"G30-OE_u8¥_ ((_(JUN241994)_))<" "R-E_40V \',,-__\ /..__/I
I)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF onr_r__/o-o*o
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-t66.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-166.00
(Continued From Sheet No. F-165.00)
WARRANTY OF R/GIIT TO DELIVER
C-8.1 Customer warrants that at the time of delivery it will have the right to deliver the
gas and that it will indemnify MichCon, defend, and save it harmless from suits, actions, debts,
accounts, damages, costs, losses and expenses arising from or out of adverse claims of any and all
persons to said gas or to royalties, taxes, license fees or charges thereon to the extent that they arise
or attach prior to delivery at the Receipt Points.
C-8.2 MichCon warrants that at the time of delivery it will have the right to deliver the gas
and .that it will indemnify Customer, defend, and save it harmless from suits, actions, debts,
accounts, damages, costs, losses and expenses arising from or out of adverse claims of any and all
persons to said gas or to royalties, taxes, license fees or charges thereon to the extent that they arise
or attach prior to redelivery at the Delivery Points.
SECTION IX
BILLING AND PAYMENT
C-9.1 On or about the twelfth Day of each Month, MichCon shall render a statement to
Customer for the service provided during the preceding Month. Customer shall pay MichCon oft
or before the 10th Day after the statement is mailed, the amount billed in that statement. All such
payments must be made in the form of immediately available funds directed to a bank account
designated by MichCon on its invoice.
C-9.2 The statements rendered pursuant to this Agreement will be denominated in U.S.
Dollars ($U.S.). All payments must be made in $U,S.
EXHIBIT C
Page 6 of I 1
(Continued on Sheet No. F-167.00)
,,,c,,9,ED _-'v_' _,_____
FILED __ _.=_ |
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-344
M.P,S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-166.00
(Continued from Sheet No. F-165.00)
MichCon at the Delivery Point(s) fails at any time to conform to any of the
specifications set forth in Section C-7.1 above, then MichCon or Customer, as the
case may be, shall notify the other of such deficiency and thereupon may, at its
option, refuse to accept delivery pending correction. Upon demonstration acceptable
to MichCon or Customer, as the case may be, that the gas being tendered for delivery
conforms to all of the specifications outlined in Section C-7.1 above, MichCon or
Customer, as the case may be, shall resume taking delivery of gas.
SECTION VIII
WARRANTY OF RIGHT TO DELIVER
C-8.1 Customer warrants that at the time of delivery it will have the right to
deliver the gas and that it will indemnify MichCon, defend, and save it harmless from
suits, actions, debts, accounts, damages, costs, losses and expenses arising from or
out of adverse claims of any and all persons to said gas or to royalties, taxes, license
fees or charges thereon.
SECTION IX
BILLING AND PAYMENT
C-9.1. On or about the twelfth Day of each calendar month, MichCon shall
render a statement to Customer for the service provided during the preceding calendar
Month. Customer will pay MichCon on or before the 10th Day after the statement
is mailed, the amount billed in that statement. All such payments shall be made in the
form of immediately available funds directed to a bank account designated by
MichCon on its invoice.
C-9.2 The statements rendered pursuant to this Agreement shall be
denominated in U.S. Dollars ($U.S.). All payments shall be made in $U.S.
C-9.3 Customer shall have the right at all reasonable times to examine the
books, records and charts of MichCon to the extent necessary to verify the accuracy
of any statement, charge or computation made under or pursuant to any provisions
of this Agreement.
C-9.4 Should Customer fail to pay any amount of any statement rendered by
MichCon as herein provided when such amount is due, a late payment charge equal
12
(Continued on Sheet No. F-167.00)
00ER OO O! - _\,,__\ /0,._/1.__ ¢._
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-345
I
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-167.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-167.00
(Continued From Sheet No. F-166.00)
C-9.3 Customer shall have the right at all reasonable times to examine the books, records
and charts of MiehCon to the extent necessary to verify the accuracy of any statement, charge or
computation made under or pursuant to any provisions of this Agreement.
C-9.4 Should Customer fail to pay any amount of any statement rendered by MichCon as
herein provided when such amount is due, a late payment charge equal to 2% of the amount of the
statement, net of taxes, not compounded, shall be added to the statement.
- C-9.5 Should Customer fail to pay any amount of any statement rendered by MichCon as
herein provided when such amount is due, MichCon in its sole discretion may, after 10 days prior
written notice, terminate this Agreement, or suspend further service to Shipper, or both.
C-9.6 If Customer discovers at any time within twelve Months after the date of any
statement rendered by MichCon that it has been overcharged in the amount billed in such
statement, and if the overcharge has been paid, and Customer has made a claim therefor within 60
Days from the date of discovery, the overcharge, if verified, shall be refunded within 30 Days. If
MichCon discovers at any time within twelve Months after the date of any statement rendered by it
that there has been an undercharge in the amount billed in such statement, it may submit a
statement for the undercharge, and Customer, upon verifying the same, shall pay such amount
within 30 days.
EXHIBIT C
Page7 ofll
(Continued on Sheet No. F-168.00)
MICHIGANPUBLIC __'-_' __-_ fSERVICECOMMISSION ...... '........
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-346
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-167.00
(Continued from Sheet No. F-166.00)
to 2% of the amount of the statement, net of taxes, not compounded, shall be added
to the statement.
(]-9.5 Should Customer fail to pay any amount of any statement rendered by
MichCon as herein provided when such amount is due, MichCon in its sole discretion
may, after 10 days prior written notice, terminate this Agreement, or suspend further
service to Shipper, or both.
C-9.6 If Customer shall discover at any time within twelve Months after the
date of any statement rendered by MichCon that it has been overcharged in the
amount billed in such statement, and if said overcharge shall have been paid, and
Shipper shall have made a claim therefor within 60 Days from the date of discovery
thereof, the overcharge, if verified, shall be refunded within 30 Days. If MichCon
shall discover at any Time within twelve Months after the date of any statement
rendered by it that there has been an undercharge in the amount billed in such
statement, it may submit a statement for such undercharge, and Customer, upon
verifying the same, shall pay such amount within 30 days.
SECTION X
NON-WAIVER OF FUTURE DEFAULTS
C-10.1 No waiver by either party of any one or more defaults by the other
in the performance of any provision of this Agreement shall operate or be construed
as a waiver of any future default or defaults, whether of a like or a different character.
SECTION Xl
FORCE MAJEURE
C-11.1 Neither Customer nor MichCon shall be liable in damages, or in any
other remedy, legal or equitable, to the other for any act, omission or circumstances
occasioned by or in consequence of any acts of God, strikes, lockouts, acts of the
public enemy, wars, sabotage, blockades, insurrections, riots, epidemics, landslides,
lightning, earthquakes, fires, storms, floods, washouts, arrests, and restraints of rulers
and peoples, civil disturbances, explosions, breakage or accident to machinery or lines
of pipe or the necessity to make repairs, tests, or alteration to machinery or lines of
pipe, line freezeups, the binding order of any court or governmental authority which
13
(Continued on Sheet No. F-168.00)
ORDER i.,[(o'_0 C) _i
REMOVEDBY _ _';,_,DATE I/_ "" [ L- _ 9
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-347
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-168.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-168.00
(Continued From Sheet No. F-167.00)
SECTION X
NON-WAIVER OF FUTURE DEFAULTS
C-10.1 No waiver by either party of any one or more defaults by the other in the
performance of any provision of this Agreement shall operate or be construed as a waiver of any
future default or defaults, whether of a like or a different character.
SECTION XI
- FORCE MAJEURE
C-11.1 Neither Customer nor MiehCon shall be liable in damages, or in any other remedy,
legal or equitable, to the other for any act, omission or circumstances occasioned by or in
consequence of any acts of God, strikes, lockouts, acts of the public enemy, wars, sabotage,
blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods,
washouts, arrests, and restraints of rulers and peoples, civil disturbances, explosions, breakage or
accident to machinery or lines of pipe or the necessity to make repairs, tests, or alteration to
machinery or lines of pipe, line freezeups, the binding order of any court or govemmental authority
which has been resisted in good faith by all reasonable legal means, or any other cause, whether of
the kind herein enumerated, or otherwise, not within the control of the party claiming suspension
and which by the exercise of due diligence such party is tmable to prevent or overcome. A failure
to settle or prevent any strike or other controversy with employees or with anyone purporting or
seeking to represent employees shall not be considered to be a matter within control of the party
claiming suspension.
C-11.2 Such causes or contingencies affecting the performance of this Agreement by either
party, however, will not relieve it of liability in the event of its contributing negligence or in the
event of its failure to use due diligence to remedy the situation and remove the cause in an adequate
EXHIBIT C
Page8 ofll
(Continued on Sheet No. F-169.00)
/MICHIGANPUBLIC | CANCELLEDBT, _
sERV,OEco ,1 ss,oN I ORDER _ _
OCT I0 2000 REr4OV
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-348
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-168.00
i
(Continued from Sheet No. F-167.00)
has been resisted in good faith by all reasonable legal means, or any other cause,
whether of the kind herein enumerated, or otherwise, and whether caused or
occasioned by or happening on the account of the act or omission not within the
control of the party claiming suspension and which by the exercise of due diligence
such party is unable to prevent or overcome. A failure to settle or prevent any strike
or other controversy with employees or with anyone purporting or seeking to
represent employees shall not be considered to be a matter within control of the party
claiming suspension.
C-11.2 Such causes or contingencies affecting the performance of this
Agreement by either party, however, shall not relieve it of liability in the event of its
contributing negligence or in the event of its failure to use due diligence to remedy the
situation and remove the cause in an adequate and commercially practical manner and
with all reasonable dispatch, nor shall such causes or contingencies relieve either party
of liability unless such party shall give notice and full particulars of the same in writing
to the other party as soon as possible after the occurrence relied on.
SECTION XII
LAWS, ORDERS, RULES AND. REGULATIONS
C-12.! The performance by the other parties of their obligations set forth
in this Agreement shall be subject to all valid and applicable laws, orders, rules and
regulations of any duly constructed authority having jurisdiction.
C-12.2 The storage service provided for hereunder will be rendered by
MichCon pursuant to authority granted by the Michigan Public Service Commission
("MPSC") or pursuant to MichCon's blanket certificate issued by the Federal Energy
Regulatory Commission ("FERC") in Docket Number CP80-340, and interstate
transactions will be subject to the provisions of 18 CFR Part 284, Subpart C and
Section 284.224.
C-12,3 Section 284.224 of the FERC's regulations authorizes MichCon to
abandon the storage service provided for hereunder upon the expiration of the term
of this Agreement, and Customer consents to the abandonment.
C-12.4 This Agreement shall be governed by the law of the state of
14
(Continued on Sheet No. F-169.00)i
,.CSEV/-
! "\-%\ /C/"
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-g49
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-169.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-169.00
(Continued From Sheet No. F-168,00)
and commercially practical manner and with all reasonable dispatch, nor willsuch causes or
conlingeneies relieve either party from its obligation to make payment of amounts then due
hereunder, nor shall such causes or contingencies relieve either party of liability unless such party
gives notice and full particulars of the same in writing to the other party as soon as possible after
the occurrence relied on.
SECTION XII
LAWS, ORDERS, RULES AND REGULATIONS
C-12.1 The performance by the parties of their obligations set forth in this Agreement are
subject to all valid and applicable laws, orders, rules and regulations of any duly constituted
authority having jurisdiction.
C-12.2 The storage service provided under this Agreement will be rendered by MichCon
pursuant to authority granted by the Michigan Public Service Commission ("MPSC"), or pursuant
to MichCon's blanket certificate issued by the Federal Energy Regulatory Commission ("FERC") in
Docket Number CP80-340, and interstate transactions will be subject to the provisions of 18 CFR
Part 284, Subpart C and Section 284.224.
C-12.3 Section 284.224 of the FERC's regulations authorizes MichCon to abandon the
storage service provided for pursuant to this Agreement upon the expiration of the term of this
Agreement, and Customer consents to the abandonment.
C-12.4 This Agreement is govemed by the law of the state of Michigan. It is agreed that
any and all litigation related to this Agreement must be brought in Detroit, Michigan in either a
state or federal court having jurisdiction, and each party, for purposes of any such litigation,
submits to the exclusive jurisdiction and venue of that court.
EXHIBIT C
Page9ofll
(Continued on Sheet No. F-170.00) II
MICHIGANPUBLIC ._.:____._._.-___=_=o_SERVICECOMMISSION
_ -'
I
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-350
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-169.Q0
(Continued from Sheet No. F-168.00)
Michigan. In the event of any dispute arising under or by virtue of this Agreement or
any difference of opinion between the parties hereto concerning their rights and
obligations under this Agreement, the parties shall endeavor to resolve such dispute
or difference amicably by discussion and mutual accord. If the matter cannot be
resolved within 90 days after discussion among the senior management of the parties
it shall be settled by arbitration in accordance with the Commercial Arbitration Rules
of the American Arbitration Association and the following:
(a) The arbitration hearing shall be held in Detroit, Michigan on ten days'
notice to the parties.
(b) No arbitration proceeding may consider a matter designated by this
Agreement to be within the judgement or discretion of one party, and
the arbitration proceeding may not revoke or revise any provisions of this
Agreement.
(c) The arbitrator shall not have authority to fashion a remedy that includes
consequential or punitive damages.
(d) An award rendered by the arbitrator shall be final and binding on all
parties to the proceeding.
(e) Unless the arbitrator, for good cause shown, apportions the costs of the
arbitration proceeding between the parties, the arbitrator's award shall
direct the losing party to pay the costs of the arbitration proceeding,
which shall include the arbitrator's bill for services, any amounts charged
by the American Arbitration Association in connection with the
arbitration proceeding, and any costs, internal charges out-of-pocket
expenses incurred by the prevailing party in connection with the
preparation for or conduct of the proceeding, inctuding attorneys' fees
and time charges of attorneys for the prevailing party, which attorneys
may be employees of the prevailing party.
(f) In no event shall either party be required to arbitrate any dispute based
on transactions or occurrences which occurred more than 24 hours prior
to the date of the demand for arbitration, and mailing shall not be
15(Continued on Sheet No. F-170.00)
ORDER L(_ [_._ C_-C) _,,,A _k4
DATE_l,b- t !," 0"_:)
)NSOLIDATED GAS coMPANYBOOK 4 OF 4-CANCELLED TARIFF SHEETS-351
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-170.00Michigan Consolidated Gas Company Cancels Original Sheet No. F-170.00
(Continued From Sheet No. F-169.00)
SECTION Rill
CREDIT WORTHINESS
C-13.1 MiehCon is not requ/red to commence service or to continue to provide service
under this Agreement if Customer is or has become insolvent, or if Customer, when requested by
MiehCon to demonstrate credit-worthiness fails to do so to MichCon's satisfaction; provided,
however, that Customer may receive service if it deposits with MichCon and maintains, on prepaid
account, an amount equal to three Month's service at the full MDIQ, or fiamishes, within fifteen
days:of request, good and sufficient security of a continuing nature, as reasonably determined byMichCon.
SECTION XIV
MISCELLANEOUS PROVISIONS
C-14.1 Assignment: Any company that shall succeed by purchase,merger or consolidation
to either party is entitled to the fights and is subject to the obligations of its predecessor in title
under this Agreement. Without relieving itself of its obligations hereunder, either party may assign
any portion or all of its rights (including, in the case of Customer, its right to have gas stored) and
obligations under this Agreement to a third party.
C-14.2 Headings: The headings used throughout this Agreement are inserted for
convenience of reference only and are not to be considered or taken into account in construing the
terms or provisions hereof nor are they to be deemed in any way to qualify, modify or explain the
effect of any such provisions or terms.
C-14.3 Successorsand Assigns: This Agreement is binding upon and enures to the benefit
of the parties hereto and their respective successors and permitted assigns.
EXHIBIT CPage 10ofll
(Continued on Sheet No. F-171.00)
____M_CH_GAN_uatc _ ICANO&_)B_, _
SERVlC_CO,_t_ISSJON _,O_DEP,_
I
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-352
M.P.S.C. No. 4 - Gas
Michigan Consolidated Gas Company Original Sheet No. F-170.00
(Continued from Sheet No. F-169.00)
presumed to be timely in the absence of official postal proof of the date
i of mailing.
Judgement upon the award rendered by the arbitrator may be entered in any court
located within the State of Michigan having jurisdiction thereof.
SECTION XIII
CREDIT WORTHINESS
C-13.1 MichCon shall not be required to commence service or to continue
to provide service under this Agreement if Customer is or has become insolvent, or
if customer, when requested by MichCon to demonstrate creditworthiness fails to do
so to MiohCon's satisfaction; provided, however, that Customer may receive service
if Customer deposits with MichCon and maintains, on prepaid account, an amount
equal to one Month's service at the rate provided in Section 5.1, or furnishes, within
fifteen days of request, good and sufficient security of a continuing nature, as
reasonably determined by MichCon.
SECTION XIV
MISCELL.ANEOUS PROVI.S ONS
C-14.1 Assignme.nt Customer shall not Broker, assign, convey or transfer
it interests or any portion of its interests under this Agreement without prior written
consent of MichCon, which shall not to be unreasonably withheld. Either Customer
or MichCon may, however, without relieving itself of its obligations under this
Agreement, assign any of its rights and obligations hereunder to a corporation with
which it is affiliated at the time of such assignment.
C-1&.2 Headings: The headings used throughout this Agreement are
inserted for convenience of reference only and are not to be considered or taken into
account in construing the terms or provisions hereof nor are they to be deemed in any
way to qualify, modify or explain the effect of any such provisions or terms.
C-14.3 Gender, Number a_n_dInternal References: Unless the context
otherwise requires, words importing the singular include the plural and vice versa, and
words importing gender include all genders. The words "herein", "hereunder" and
words of similar import refer to the entirety of this .Agreement and not only to the
16 (Continued on Sheet No. F-171.00)
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-353
M.P.S.C. No. 4 - Gas First Revised Sheet No. F-171.00
Michigan Consolidated Gas Company Cancels Original Sheet No. F-171.00
(Continued From Sheet No. F-170.00)
C-14.5 Counterparts: ThisAgreement maybe executed in counterparts,each of which when
so executed will be deemed to be an originallyexecuted copy.
C-14.6 The terms of this Agreement will remain strictly confidential until three years after
its termination except as required by any government or regulatory body having jurisdiction or
unless the parties to this Agreement otherwise agree in writing.
- C-14.7 MichCon shall suffer no liability or penalty for its failure or inability to provide any
requested service that is discretionary under the terms of thisAgreement.
EXHIBIT C
Page II ofll
j SERviceC0MMtSSC0N or,De_OCT10 2000 RE_0",_0B__
FILED___C__.__ o ........... . ,
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-354
M.P.S.C. No. 4 Gas
Michigan Consolidated Gas Company Original Sheet No. F-171.00
i
(Continued from Sheet No. F-170.00)
Section in which such use occurs.
.C-14.4 Successors and_ Assigns: This Agreement shall be binding upon
and shall enure to the benefit of the parties hereto and their respective successors and
permitted assigns.
C-14.5 Counterparts: This Agreement maybe executed in
counterparts,each of which when so executed shall be deemed to be an originally
executed copy, and it shall not be necessary to produce all counterparts in order to --I
prove this Agreement.
.C-14.6 Reorqanization: Any company which shall succeed by purchase,
merger, or consolidation to the properties, substantially as an entirety, of Customer
or of MichCon, as the case may be, shall be entitled to the rights and shall be subject
to the obligations of its predecessor in title under this Agreement.
C-14.7 Entirety: This Agreement constitutes the entire agreement
between MichCon and Customer concerning the subject matter hereof. Any prior
understandings, representations, promises, undertakings, agreements or inducements,
whether written or oral, concerning the subject matter hereof not contained herein
shall have no force and effect. This Agreement may be modified or amended only by
a writing duly executed by both parties.
C-14.8 The terms of this Contract will remain strictly confidential except
as required by any government or regulatory body having jurisdiction or unless parties
to this Contract otherwise agree in writing.
* * * END OF EXHIBIT "C" * * *
17
)NSOLIDATED GAS COMPANY BOOK 4 OF 4-CANCELLED TARIFF SHEETS-355
M.P.S.C. No. 4 - Gas First Revised Sheet No. G-4.00 Michigan Consolidated Gas Company Cancels Original Sheet No. G-4.00 To reflect change from Mcf to MMBtu
(Continued from Sheet No. G-3.00)
G1. GENERAL PROVISIONS: (Continued) (P) The annual load requirement, delivery schedules, Supply Equalization Charges, delivery shortfall Failure
Fees and annual reconciliation shall apply separately to each Supplier-designated Pricing Category and each of the two customer groups within that category, i.e. those enrolled before their usage for the May billing cycle has begun and those enrolled after their usage for the May billing cycle has begun in each Program Year.
(Q) The Company may disclose, at such times as requested by the Commission or its Staff, the gas rates
charged to Rate CC customers. (R) The Company shall have the authority to issue operational flow orders, or take other action which it deems
necessary, to ensure system reliability, even if such action may be inconsistent with other provisions of these Program Rules.
(S) The Company will act as Supplier of last resort under the Program. (T) A Supplier must include the Company’s required tariff language in all of its contracts.
If a customer has a complaint against a Supplier, the customer should try to resolve it first with the Supplier. If it is appropriate, the customer or Supplier should involve the Company. If the complaint is unresolved, the customer should involve the Commission Staff, and ultimately the Commission.
(U) The Transportation Standards of Conduct, Rules F1 and F2, shall apply to the GCC program. (V) The Company will convert customer consumption from Mcf to MMBtu using monthly system-
average Btu factor.
G2. RESIDENTIAL CUSTOMER PROTECTIONS: (A) A Supplier must provide a 30-day unconditional cancellation period following the agreement date with a
customer. The first day of the 30-day period is the day after the contract is entered into by the customer. The exercise of this right by the customer may occur through a verbal or written communication with the Supplier. The Supplier shall promptly submit a de-enrollment file to the Company after receiving notice that a customer has cancelled the contract. A customer who cancels within the specified period will be treated as not having exercised their customer choice option with respect to the enrollment which is cancelled. The Company is not required to de-enroll a customer until after it receives a de-enrollment file from the Supplier or a new enrollment file from a different Supplier.
(B) A customer has the right to terminate participation with a Supplier at any time if the initial contract period has
ended. The exercise of this right by the customer may occur through a verbal or written communication with the Supplier. The Supplier shall promptly submit a de-enrollment file to the Company after receiving notice that a customer has cancelled the contract. The Company is not required to de-enroll a customer until after it receives a de-enrollment file from the Supplier or a new enrollment file from a different Supplier.
(C) A Supplier using face-to-face solicitation methods cannot represent itself as an employee or agent of the
Company. A Supplier’s sales representatives or agents must prominently display identification on the front of their outer clothing that identifies them as employees or agents working on behalf of a Supplier, and includes the name of the Supplier and the name and identification number of the person representing the Supplier.
(Continued on Sheet No. G-5.00)
ISSUED APRIL 29, 2005 EFFECTIVE FOR GAS SERVICE BY M. E. CHAMPLEY RENDERED ON AND AFTER SENIOR VICE PRESIDENT MAY 1, 2005 REGULATORY AFFAIRS ISSUED UNDER AUTHORITY OF THE DETROIT, MICHIGAN MICHIGAN PUBLIC SERVICE COMM. DATED DECEMBER 21, 2004 IN CASE NO. U-14106
M.P.S.C. No. 4 - GasMichigan Consolidated Gas Company Original Sheet No. G-6.00
(Continued from Sheet No. G-5.00)G3. SOLICITA T/ON REQUIREMENTS:
(A) For each customer, a Supplier must be able to demonstrate that a customer has made a knowingselection of the Supplier by at least one of the following verification records:
(1) An original signature.
(2) Independent third party verification
(3) Voice recording.
(4) An e-mail address if signed up through the Intemet.
(5) Another form of verification record approved by the Commission.
The Company or the Commission may request a reasonable number of records from a Supplier toverify compliance with this customer verification provision and, in addition, may request recordsfor any customer due to a dispute.
(B) Suppliers who are soliciting customers must:
(1) Clearly indentify the Supplier on whose behalf they are soficiting.
(2) Not represent themselves as an employee or agent of the Company.
(3) Affirmatively indicate if they are a marketing affiliate of the Company that the affiliate is aseparate entity and is not regulated by the Commission.
(4) Submit marketing materials to the Commission Staff for review at least five (5) businessdays prior to using the materials.
(C) A Supplier must provide a copy of the contract to the customer, including all terms and conditions.The contract must contain all provisions as set forth in Paragraph G2.E.
G4. SUPPLIER REGISTRATION AND CODE OF CONDUCT:
(A) A Supplier is required to register with the Michigan Public Service Commission and provide thefollowing information prior to any solicitation:
(1) The name of the Supplier's company/corporation or owner's name and type oforganization.
(2) The Suppfier's mailing address.
(3) The Supplier's principal place of business address.
(4) The name and address of the registered agent in Michigan and a working phone numberduring normal business hours.
(Continued on Sheet No. G-7.00)
ISSUED JANUAR_'_I_8_ 20.02 BY EFFECTIVE FOR TRANSPORTATION SERVICEH L DOWIII MJCHIGAt_PUBUC RENDERED ONAND AFTER
R RVICECOMMISSION
SENIOR VICE PREsID__;.L. APRIL 1, 2002STRA TEGIC PLAI_rNIN_p & DEVELOPMENT
MAFI "l 2002, ISSUED UNDER AUTHORITY OF THEMICHIGAN PUBLIC SERVICE COMM.
DETROIT, MICHIGAN DA TED DECEMBER 20, 2001
FILED. _---..-'-I'_"_ IN CASE NO. U-1315S
MICHIGAN CONSOLIDATED GAS COMPANY-CURRENT-264